Candid (IT) 04 July 2010

Problem in Smooth relieving

I am into IT & newly joined one company and about to complete 4 months. In between i got very good onsite oppurtunity so i resigned (35 days

before). The problem is this company has 3 months notice period, and HR is forcing to serve till getting some replacement and train him 3 weeks

(few days before promised 1 week training is enough). I am not in need of their relieving letter so threatening for legal action if i leave

ealry.

Need to fly around july 15, do not have much time in hand, while resigning it was only less than 3 month exp and company dont have much

dependency on me. So i thought ealry relieving is possible. More over i have put up in client location and my company will loose billing if

they relieve me hence the problem. Client manager intentionally delaying selecting the replacement, I am experienced technical resource but the

nature of work is very low level even a 12th std or a fresher can do(Irrelevant work). The notice period was not mentioned in offer letter, i too forget to ask but after joining they asked me to sign in appointment letter where it was, and they holded my last month salary too as i have stated that am going to serve only till July15. Notice period pay is Gross not basic.pls advice

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Candid (IT) 04 July 2010

Some more Info:

1. I am ready to serve till July mid, this will be 50% of notice period (as i resigned on Jun first week), and they had hold salary for said reason. I requested them to adjust that as compensation for next 50% notice, my query is will they still ask me for pay exclusively for shortfall of notice irrespective of sal on hold.(They say salary hold is as per policy, shortfall notice need to pay)

Please find below few relevant points from company EXIT Policy Doc:

(a) In case an employee does not give the requisite notice period, the company will recover salary equal to the lost notice period. The discretion to accept pay in lieu of notice rests with the Company and employee will be bound by any such decision, which will be taken based on work exigencies and would therefore be required to work through the notice period.

(b) The employee should ensure complete handover and smooth transition for a clean exit. It is mandatory that the employee performs his duties till the last date failing which will affect the relieving letter and reference check.

2. In the policy document no details about legal action, will they still take any action even after my 50% serve.

3. They have hidden notice period details in offer letter, and mentioned only appointment lr, one will get app lr only after leaving the current job and at that situation we cant argue, so i signed. Absence of notice period details acceptable? they are asking me why dint u ask.

4. Another point is Job descripttion while recruiting is completely differ w nature of job.

5. HR is threatening, they will issue legal notice and i cant go out of country.

6. I am still involving in giving training for other vendors and doing job perfectly, earlier my client manager and company manager are happy w my performance, but after resignation they are behaving other way

Kindly advice