modi (Sr Engg) 16 December 2009

Notice Period - Dual Employment

Hi Everyone,

I joined an MNC X about 6months back in June, after getting relieved from my prev employer in 3 days. I didnt like the work and culture there, coupled with hugh amount of politics and had informed my managers well in advance of my motive to move out.

After about 15days (26th Nov 2009) of this, i got an offer from another company XX and i put my papers down (resignation through email) the very same day. Comp X asked me to serve 3 months notice, even though i was not allocated to any projects. They didnt even agree for a buy out and my GM said in a very blunt way to search for another job and said they cannot relieve me by dec 7th 2009.

In my resignation i had cleared stated the reason leaving the company and the date on which i would like to be relieved i.e dec 7th 2009. after the new company XX told they are ok without the relieving letter.

Now, i've joined the new company XX without serving the notice period of 3 months and an HR from this MNC X called me up and informed me that they are sending a legal notice as i've taken up dual employment.

What kind of legal notice are they talking about?
Will be held in the court of law for something illegal?
Should i send a hard copy of my resignation?

regards
modi

Reply Follow

3 Replies

V. VASUDEVAN (LEGAL COUNSEL) 16 December 2009

Don't bother too much. You may respond setting out the facts of submission of resignation and request for waiver of notice period. At the best, the Company may ask you to pay or forefeiture of

the salary in lieu of the notice period ,

1 Like

Sudhir Kumar, Advocate (Advocate) 19 November 2011

Any agreement restaining right of resignation is violative of Bonded Labour act and can lead empoyer in criminal case.

Kumar Doab (FIN) 19 November 2011

Learned experts/members have given valuable advice. Kindly follow it.

Notice period of 3 months during probation seems to be unreasonable. If the employer resorts to coercion, threats, rudeness, intimidation, or is uncivilized in his transactions with the employee the employer is unworthy of employed with.

You may maintain list of all calls received and made e.g. date, time, phone numbers, and may record such threats, for bringing it in the notice of appropriate forum at appropriate time.

You may dispatch a hard copy of your resignation under acknowledgment.