Company not Relieving
Gaurav Lall
(Querist) 11 August 2008
This query is : Resolved
Hi,
I am employed as a Senior Software Engineer in a company for the last 21 months. I have resigned this company on 17-July-2008 and serving notice period of 1 month. But according to the Company's appointment letter clause, if an employee gets confirmed he need to serve 3 month of notice period. In that clause it is also mentioned that in case the employee do not serve for 3 month, he need to pay his gross salary amount to the period he did not served. I have 15 PL left, but this company is not ready to relieve me before 3 month. They are not ready for the buyout and they are not ready to adjust the PL. I have no pending task and still i am ready to serve 1 month notice period and buyout remaining part of it. Plz help me, for your reference i am copying the appointment letter clause below:
After completion of Probation and confirmation, you have the right to resign from your employment at any time not less than 3 month's written notice to the company. The company reserve the right to require you to not be present in its premises during such notice periods. In the event you do not provide the Company the requisite notice the company shall have the right to deduct gross salary in lieu of the requisite notice from any payments that may be then or thereafter due to you. The company also reserves the right to demand the aforementioned payment from you, in
the event there are no payments that may be then or thereafter due to you.
Regards
Gaurav
H. S. Thukral
(Expert) 11 August 2008
what is clause as to probation period. How long was probation period and were you to be confirmed in writing?
Notwithstanding the above information which shall be uselful in deciding the duration of notice period, if the company deducts three months salary let it deduct. You can claim encashment value of your 15 days PL afterwards.
Gaurav Lall
(Querist) 12 August 2008
Hi Harbhajan,
I am a confirmed employee of this company and for your information there is a clause of 1 month of notice during probation period.
As you suggested that let company deduct 3 month amount, but they are not ready for that. I have served for 1 month and ready to pay for the remaining 2 months, but my company wants me to serve for 3 month, then only they'll be giving me proper relieving. They are not ready for buyout of my notice period.
What i want to know is that can i get my relieving legally by filing lawsuit?
Murali Krishna
(Expert) 12 August 2008
Dear Gaurav, What I can understood from the condition that there is an option of buying out the period. The company cannot retain you for the remaining period. Yu yourself can see the condition. You can see the phrases used by the company in the inverted "".
In the event you do not provide the Company the requisite notice the company shall have the right to
"deduct gross salary in lieu of the requisite notice from any payments"
that may be then or thereafter due to you. The company also
"reserves the right to demand the aforementioned payment from you",
in the event there are no payments that may be then or thereafter due to you.
As you ca see, the insistance of the company in the condition is payment of salary in lieu of requisite notice and if you dont pay it they have a right to demand from you. They cannot retain you.
However, if your new employer wants acceptance of resignation from your present employer, my suggestion is to convince presnet employer for payment of the amount or waiver of it.
Gaurav Lall
(Querist) 12 August 2008
Hi Murali,
I have talked to them several no. of times but they are reluctant to accept the buyout amount. They want me to serve for 3 months or they won't relieve me. Can i legally get the relieving from them as i have already served for 1 month and ready to buyout my remaining 2 month. Also i'll like to mention that i have 15 Earned leaves left, and they are not ready to adjust it in lieu of my notice period.
Plz suggest...
Murali Krishna
(Expert) 14 August 2008
Dear Gaurav,
You are in a tricky situation. Legally, you can go out. Your present employer cannot retain you as can be seen from the conditions.
However, the real question is, whether your new employer will accept you without a "letter of accptance of resignation" from your old employer.
One more alternative is that, you can talk to your new employer and to seek more joioning time. If they are considerate, and understand your view point, you can immediately leave persent employer and join them.
Legally you can leave. But, to fight it before a court, it takes a lot time and you are in a hurry.
Decide yourself weighing the pros and cons.
