Can I Legally Challenge My Employer's Notice Period Demands for a Relieving Letter?

My name is Ravi and I am working with a CRO based in Hyderabad. I have submitted my resignation and wish to serve only a one-month notice period with a two-month buyout amount. However, our management is insisting that I serve the notice period until a replacement is found. Otherwise, they will not provide me with a relieving letter and experience certificate.

Please find below a paragraph from my offer letter.

Can I Take Any Legal Action Against This?

5. You will be required to give 90 days' notice to terminate this appointment during the probation period or after confirmation. The last working day would be decided at the sole discretion of the Management, and in the event of being relieved within the above number of days, the remaining part of the notice period days would be adjusted against the existing leave balance or an equivalent of the basic salary. The Company, however, will have the right to terminate your appointment forthwith on account of misconduct, including but not limited to, fraudulent, dishonest, or undisciplined conduct, breach of integrity, embezzlement, misappropriation, misuse, or causing damage to the Company's or Client's property, or breach of the confidentiality obligations.

It is clearly mentioned as basic salary, yet they are asking me for the gross salary.

Regards, Ravi

This portion "The last working day would be decided at the sole discretion of the management" is a clever construction of an agreement. Sorry, but you have to serve until your management wants otherwise. However, they cannot go beyond 90 days.

The mention of "sole discretion of management" is a legal term, and therefore, advising to serve the full notice period of 90 days is justified. This requirement was also accepted by the candidate before taking up the job.

bkmohanty Sr. Consultant 9937822563

I'm an employee of a private bank in Andhra, and I've been facing a problem with management for the past three months. Due to harassment from my immediate superior, I resigned from my job three months ago without serving the 90-day notice period. I did not request my salary, and no experience letter was issued to me because they never provided me with an appointment letter (soft or hard copy) to this date. They only issued an offer letter with salary details but did not mention any amount to be paid in case of leaving without serving notice.

I was asked to join over the phone, but on the day of boarding, I did not receive any copy of the appointment or offer letter. Even after a month of joining, I did not receive any appointment letter but continued to face harassment from my superior, leading to my resignation. Despite my requests, HR refused to issue an experience letter citing the notice period.

I explained the harassment from my superior, but it was not considered, and they mentioned my leaving without notice as termination, denying me an experience certificate and salary. Now, after three months, they are asking for payment of five thousand rupees, withholding my salary, without mentioning the experience letter or the grounds of resignation or termination. I experienced severe mental harassment. I seek urgent advice on how to proceed with this situation.