Hi
I am working in IBM India Pvt. Ltd. since April 2011. At the time of Joining, I was put on Probation for 1 year. But after 6 months , in Oct 2011, I got a mail from my manager with a attachment that My probation has ended and I am confirmed as a regular employee. That letter is typed on the company letterhead and at the bottom:
----
for IBM India Pvt. Ltd.
<Manager's Name>
---
is mentioned. But it is not signed, where as in the offer letter, it is mentioned that the probation will be ended and confirmed in writing.
It was given in writing, but no signatures. Can this be treated a legal confirmation??? It does not even say that "it is computer generated and hence no signature is required".
Now the issue is that I have resigned on 05th of April and my manager has enforced the 90 days notice period. Though I have been relieved from my current assignment from 27th April and after that till end of Notice day (till July 4th), I will still be on Bench without any project/assignment. I have talked to the managers but they say that they cannot release me even if I am on Bench and at any cost I will have to serve the entire notice period.
I read the entire offer letter and one of the clause says that "
---
either you OR the company may terminate your service at anytime by giving 90 days notice or basic salary in lieu thereof.However due to exigencies of business, the company may at its sole discretion reject the salary in lieu of notice and ask you to serve entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect.
----
Now I am ready to pay for the unserved days but still they are saying that they cannot approve this.
I oppose this as the offer letter says "due to exigencies of business, the company can reject it" but when I am on Bench, there is no exigency at all as I am not on any project.
Now my questions is:
1) Can the company still force me to serve 90 days?
2) Can I inform them that I am leaving from so and so date and they can recover it from my full and final settlement and leave?
3) Can they hold relieving/experience letter as I will not be serving the notice period even after the unserved days has been financially recovered??
4) what legal action I can take in this situation as I feel they are just playing with the policy which is unethical.
Will greatly appreciate you suggestions.
Thanks
AP
I am working in IBM India Pvt. Ltd. since April 2011. At the time of Joining, I was put on Probation for 1 year. But after 6 months , in Oct 2011, I got a mail from my manager with a attachment that My probation has ended and I am confirmed as a regular employee. That letter is typed on the company letterhead and at the bottom:
----
for IBM India Pvt. Ltd.
<Manager's Name>
---
is mentioned. But it is not signed, where as in the offer letter, it is mentioned that the probation will be ended and confirmed in writing.
It was given in writing, but no signatures. Can this be treated a legal confirmation??? It does not even say that "it is computer generated and hence no signature is required".
Now the issue is that I have resigned on 05th of April and my manager has enforced the 90 days notice period. Though I have been relieved from my current assignment from 27th April and after that till end of Notice day (till July 4th), I will still be on Bench without any project/assignment. I have talked to the managers but they say that they cannot release me even if I am on Bench and at any cost I will have to serve the entire notice period.
I read the entire offer letter and one of the clause says that "
---
either you OR the company may terminate your service at anytime by giving 90 days notice or basic salary in lieu thereof.However due to exigencies of business, the company may at its sole discretion reject the salary in lieu of notice and ask you to serve entire or part of the notice period. You shall not be deemed to have been relieved of your services except upon issue of a letter by the Company to that effect.
----
Now I am ready to pay for the unserved days but still they are saying that they cannot approve this.
I oppose this as the offer letter says "due to exigencies of business, the company can reject it" but when I am on Bench, there is no exigency at all as I am not on any project.
Now my questions is:
1) Can the company still force me to serve 90 days?
2) Can I inform them that I am leaving from so and so date and they can recover it from my full and final settlement and leave?
3) Can they hold relieving/experience letter as I will not be serving the notice period even after the unserved days has been financially recovered??
4) what legal action I can take in this situation as I feel they are just playing with the policy which is unethical.
Will greatly appreciate you suggestions.
Thanks
AP