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Dear seniors, Please given your opinion
I am working in corporate company as a senior executive. Notice period 1 month.
I have resigned from the company on 04-Jan-2020 and requested to be relived by 03-Feb-2020.
They accepted my resignation letter and issued resignation acceptance letter in that they mentioned, however release from the services of the company will be subject to satisfactory handover of the responsibilities assigned to you."
But our SGM says that can be relieved after recruiting new person or three months notice period.
But new employer asked me to join on or before 07-Feb-2020.
I cannot report to work from 05-Feb-2020,
My questions are:
1) What kind of legal action can the company take against me ?
2) Can they declare me an absconder even though I have given my one month notice ?
3) If I join the other company on 06-Feb-2020, will it be actually treated as a case of having dual employment?
Please guide me what should i do in this case.

From India, Coimbatore
Dear Ramesh Ji,
1. It has been held by the Supreme Court that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services.
Therefore, the company cannot take any legal action against you, except withholding your “clearance certificate”.
2. You are not absconding. You are resigning from your service after serving due notice as per your condition of service.
3. Since your notice period is expiring on 03 Feb 2020, if you join another company after that date, it will not amount to dual employment.
- Shobhit Kumar Mittal
Labour Law Advisor
8077779793, 9319956443

From India, Faridabad
Dear Sir,
Thank you sir.
I have requested my boss for smooth relieving. But till now they are not ready to relieve me.
Also they are telling that they will hold my salary, clearance certificate and etc.,
Please explain me that, salary & clearance certificate cannot be claimed by legally.
Thank you sir.

From India, Coimbatore
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