Salary Not Paid In Notice Period

Hi,

My Brother has joined a company in October and was promised a profile while hiring. But after joining, he was given a completely different role that has no growth and learning involved. He has informed the same to the concerned people but in vain. They said, once the id has created by the client, he needs to work in it for 18 months and there wont be any project shifting.

So, he applied in some other company and got the offer there. Upon resigning on Jan 16th, the company is threatening him that they would black list his name in NASSCOM. He is ready to repay the relocation amount as per offer letter. After talking to Line Manager, Project Manager, HR many times, they said they would accept the resignation on 26th Jan and said that last day would be 26th march, but still threatening him that they would black list him and make sure he wouldn't get a job any where in India. He is going through a lot of mental trauma and is disturbed a lot.

Is the company doing right ?

In the mean time, the other company gave the offer letter and mentioned the joining date as 21st march. As my brother resigned on 16th, he accepted for 21st march date initially. Now the other company won't extend the joining date post march 26th. They are bluntly saying "Either join on 21st march or go else where".

He has already resigned and the company he is about to join is so blunt. He is now caught in real mess. Can they say like that after giving offer letter and can they be so adamant on the joining date ?

Please guide me.

to add to tehabove, they have stopped paying salary in the notice period.

Hi,
Refer the appointment letter - there must be a clause on notice period during probation / post confirmation. Employees as well as company is supposed to follow all the clauses mentioned in the appointment letter.
As per my understanding, your brother should be on probation currently - and his notice period should not exceed more than 30 days.
In case your brother wants leave the company immediately, he can pay the required notice pay amount in lieu of notice period [normally basic salary for days of notice period] and move on.
Company can not ensure that your brother is black-listed etc and can not stop your brother from joining any other company.
Regards,
Shashank

Hi
As per my knowledge no company can stop you from working anywhere else .
Regards
Anjali

Hi, its obviously some companies doing while leaving an employee, dont be worry you will try to get some companies where your value will be acceptable other than the blackmails.
May i know what was your job in that company.

Hi,
Your brother has to go through the appointment letter issued to him by his earlier employer and comply the provisions pertaining to his probation and resignation during the relevant period. In case he is on probation or otherwise he has either to tender notice for the laid down period or tender notice pay in lieu thereof. Having done so and retaining a valid proof thereof there is no question that his current employer can hold on with him any further. Of course, he has also to keep in mind that he has returned the property of the company as well to some authorised/relevant person and has retained a proof thereof.
No company can blacklist a person from taking an employment with another employer except in an extreme and established case of fraud/dishonesty .
As regards his joining the other company wef March 21, he may join without any hesitation in line with the above compliance.
S.K.Johri