Employer not relieving employee
hemal
(Querist) 14 March 2008
This query is : Resolved
hi,
i put in my papers in a software company that i currently work in on 20/02/2008. The HR policy of the company clearly states that an employee may leave the company after serving a month's notice or by buying the notice period if the supervisor agrees. so 30 day's notice ends on 20/03/2008 which i'm willing to serve.
However, strange as it may sound, my supervisor is unwilling to relieve me before 31/03/2008 thereby demanding a notice period of 41 days. Now, my next employer is not ready to take me in after 28th.
can i take legal action against my company ? if so, how ?
i even consulted the HR (she acknowledged that there exists a 30 day notice period) who said that its better to take supervisor's approval. when queried whether i would get the relieving letter after 30 days, she simply blew away the topic.
pls advise and inform me of my rights. !!
Vishwanath tripathi
(Expert) 15 March 2008
Dear Hemal,there is not much time left you take your new employer in confidance and leave your old employer as you have already served the notice but simultaneously you sent a fax to your present employer stating all the details of your notice cocluding that now you can not work as per the terms of notice clause.and keep the copy of the fax with reciept with you it will be very useful at the time of legal action if required.
Manish Singh
(Expert) 15 March 2008
Your previous employer can not retain you forcebly after giving the said one month's notice. You go ahead and join the new company do keep all the papers like resignation letter, Notice letter duly signed and accepted by your previous employer with you. Keep in mind to collect releiving letter, No dues certificate etc from your previous employer.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
