I am working in a small firm based in Mumbai since last 1.9 yrs. Recently from last 4 months we are getting salary after 15 - 20 days. Last month they have provided only half salary and half is on hold for no reason. As many people are resigning from company, they have come up with Bond / Contract to hold the employee only to one team in company and others don't have to sign Bond / Contract. Now the situation is I don't want to sign either Bond or Contract, so I have searched a new job. I resigned from current company, they have accepted the resignation. We have 2 months notice period. I am ready to serve 2 months period / ready to buy out my notice period. but now company threatening me to server for 3 months and train my replacement, and that is also a tentative date not a fixed one. In out appointment letter 2 months notice period is mentioned.
Now they have started threatening me to serve for whatever they want, otherwise they will hold my relieving letter / experience letter, and all the due. They have already put my March months salary on hold and asking me to sign the bond or serve till they found replacement otherwise they will not releasing my salary.
I don't want to go into legal proceeding / complaining. I am thinking after serving 1 month I will abscond from company and join another one. As they are holding my two months salary now, it is sufficient to buyout for 1 month notice period.
Please help me what should I do now.
Should I serve 1 month and abscond, then after absconding should I need to face any legal action?
I have all the threatening mails from HR department on my personal email id, are they sufficient to tackle any legal action taken by company after I abscond.
I would suggest you to serve 2 months notice as per your appointment terms and then place request with your employer for salary and proper relieving. By absconding from duty after one month notice, it would be presented by your employer as violation of terms and conditions of your appointment order mutually agreed between you and your employer. To a maximum please try for smooth separation.
I am ready to serve 2 months and even ready to buyout my notice period. They said serve till we get replacement, train him and then go. This might take month or 3 months. They are threatening me on this. What should I do now?
Dear Friend,
Please write a mail to management stating your notice period clause mentioned in your appointment letter, and clearly mention, according to appointment letter clause I will serve the notice period and I request you to release my hold salary and dues on my last working day (Mention date).
Keep sending reminders on every 2nd day.
Dear Team,
The company does not have any right to hold your salary if you are in notice period. Appreciate, if you could correct me if am wrong.
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