Dear Seniors
I am starting this thread to help one of my friend... He needs some expert advice and looking forward to get the same from citehr.
He resigned on last month 29th (29.05.2013). One month notice period shall be over on 29th of this month (29.06.2013). He wants to leave the organization on 29th of thins month and he is ready to pay one month salary to the company as per the below clause in the appointment letter.
Notice period / Termination Clause in the appointment letter:
"The contract of employment between you and the Company may be terminated by either party by giving 2 month notice or gross monthly salary in lieu thereof. However release from the services of the company will be subject to satisfactory handover if the responsibilities assigned to you."
Now the employer denying to relieve him and saying you have to work for another one month for getting proper relieving letter or else will go for legal obligations.
Kindly advice:
1. What will happen if the person leaves the company without serving another one month notice period.
2. What legal action the company can take against him?
3. How he can defend the same if company took any legal action against him?
I am starting this thread to help one of my friend... He needs some expert advice and looking forward to get the same from citehr.
He resigned on last month 29th (29.05.2013). One month notice period shall be over on 29th of this month (29.06.2013). He wants to leave the organization on 29th of thins month and he is ready to pay one month salary to the company as per the below clause in the appointment letter.
Notice period / Termination Clause in the appointment letter:
"The contract of employment between you and the Company may be terminated by either party by giving 2 month notice or gross monthly salary in lieu thereof. However release from the services of the company will be subject to satisfactory handover if the responsibilities assigned to you."
Now the employer denying to relieve him and saying you have to work for another one month for getting proper relieving letter or else will go for legal obligations.
Kindly advice:
1. What will happen if the person leaves the company without serving another one month notice period.
2. What legal action the company can take against him?
3. How he can defend the same if company took any legal action against him?