Coolheadtamil
Senior Manager Hr
Vamsikrishna1805
Software Employee
+2 Others

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Dear Experts,
I am working in a Private Software Company since last two years.Now I got a new offer form another company. In Offer Letter of my Current Organisation was mentioned that Notice Period was three months and if I fail to survive the notice have to pay three months salary or part there off in lieu. But later they have sent a mail stating that "Employee who has taken the salary Hike and wish to resign before one year have to serve three months notice and should pay one month salary back". Now i have resigned and I said that i will serve one month notice and buy the remaining two months of my notice as per my offer letter. But my management is forcing me that i need to pay Five Months Salary even if i server on month Notice stating that Exit Policy was changed.
Kindly let me how to handle this situation.
Thanks and regards,
Vamsi Krishna

From India, Hyderabad
This is complete harassment. Can you take any action against them? This cant be taken for granted.
From India, Bengaluru
Thanks for your concern. Please let me know what i can do in this situation. I have to join in my new company in 15 days. I have already kept my resignation 15 days back. Can I take any legal action.
From India, Hyderabad
legal action is subjective, as they have clearly documented change in policy, this is to stop job hoppers from making best of revision and demanding more from new company, if paying money is the way out no company will have notice period concept, notice period is in place to have talent exit replaced by new talent trained to take up that role, having said that you can go ahead and join new company, have pf transfered etc, you are legally eligible to join the company of your choice, surprise element is y 5 months even as per email its only 3 months notice and 1 month payout considering you are working for 1 month its down to 3 months payback, if the company is demanding extra, please take it in writing with that you can take legal action
From India, Chennai
Dear Vansikrishna,

Since you had signed the appointment letter accepting the clause of 3 Month Notice period or salary thereof in lieu of Notice period. Legally the company cannot amend the service condition unless having consent of concern employee however before any amend which can effect the employees the company has to serve Notice to all the concern employees u/s 9A of ID Act. 1947. earlier if you had not accepted the amend Notice period of 5 Month Therefore you Need to serve only 3 Month Notice period if you have served the Notice period of 1 Month and completed the period thereof. Hence you have to pay 2 Month salary in lieu of Notice period. Also if you have taken salary hike even then No Need to reverse one Month salary. Try to resolve the exist formalities amicably, else' since your company has voilate the provision of sec 9A you can approach your range labour commissione. Futher labour laws protect the employees who are categorized as workman u/s 2(s) of ID act. 1947.

Thanks & Regards

V SHAKYA

HR & Labour, Corporate Laws Advisor

From India, Agra
Dear Mr.Shakya,
Thanks your reply.
I am ready to fight legally,but my new company saying that the required the relieving letter from current organisation.
So what I say to my new company.
Is there possibility to join without relieving letter.
Thanks and regards,
Vamsi Krishna

From India, Hyderabad
Dear sir,

I will explain my situation clearly.

I have joined in this company on 1st April 2015.In my offer letter it was written that "notice period was 3 months and I have serve the company for the entire three months.In the event of absent or not serving the notice period or part thereof ,need to pay three months salary or part thereof".During September of 2016 we have received a common mail to all employees stating "employees who has taken hikes and wish to resign before one year from the date of hike need serve three months notice period and have to return one month salary back".But no one has accepted or rejected that mail.After sending this mail they released the hike letters on the next day stating that salary hikes are effected from previous month and the have deposited the salary balance amount of the previous without our approval.Now when I have resigned they are asking to pay 5 months salary to get my relieving.

So in this way my company started playing with employees.

What should me by plan of action to get my relieving.

From India, Hyderabad
Dear Vamsi Krishna
I feel if u signed any documents related to ur noticed period while joining then you are abide to follow the same. Employer can not pressurise u to complete the notice period as per their conveniance.
But as far as your concern with joining to the new firm as they require experiance letter, you should directly meet to the senior most officer in ur company and settle down the issues mutually.
On the basis of the discussion made with senior, you should decide regarding further actions.
Thanks
Regards
Nilesh Kadam.

From India, Mumbai
Dear vamsi krishna,

new company is absolutely right relieving letter is consider as NOC from your previous employer that you are no more in service agreement with them. Hence it is ethical practice to obtained relieving letter from new joinee. batter to convince your previous employer to relieve you amicable if they remain adamant then you can approach lobour commissioner for violating provision of sec 9A of ID act. 1947 and not to relieve you. similarly in the case of RACHAN RAJSHEKAR v BHARATH EARTH MOVERS LIMITED. Rachan joined BEML on April 2, 2007 and was an engineer on probation drawing a salary of approximately Rs 22,000 per month. He was still on probation when he resigned from his job on April 8, 2008. He gave one month notice for resignation as is the norm. But to his surprise it was not accepted. What’s more, he was asked to pay Rs 2.5 lakh as damages to the company.

Some time after his appointment, BEML had issued a company bulletin to the effect that those resigning had to pay damage of 2.5 Lakh. therefore company has asked to pay the damage amount to issue him relieving letter and experience certificate thereby rachan rajshekar move to court to get relieved. on 22/08/2008 karnataka high court directed the earth movers limited to issue him relieving letter on the same days without paying any damages?

Thanks & Regards

V SHAKYA

HR & Labour, Corporate Laws Advisor

From India, Agra
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