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Relieving letter and resignation acceptance

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved 
Hello Mate,

I have resigned from a company. My noetic period is 30 days but I can't server more than 12 days. As per my appointment letter, I am ready to pay against my noetic period but my company says that I have to serve 30 days noetic period they would not provide me the relieving letter & F&F. Even they are are not ready to accept my resignation. My HR told me that the company policies has been changed and there is no option and I have to serve the 30 days noetic period at any how.
I want to know that the such kind of policies are according to Company or Gov. Labor Law?
Please help me out to guide me the path forward...

Thanks
Vikas Sharma
ajay sethi (Expert) 06 December 2011
if your appointment lettermentions that you can make payment in lieu of notice period then you are enttiled to do so . compnay cant force you to work for 30 days .

however it is always advisable to part amicably . in such a case although legally not binding give 30 days notice period and take releving letter
Querist : Anonymous (Querist) 06 December 2011
Hello Sir,
Thanks for reply...

For you Information Please, there is mentions that you can make payment in lieu of notice period but Now my HR is saying that the Company policies has been changed and I have to give the 30 days Notice only. even I have no information about that. I have already requested to all of my HODs and HR head but They are not ready to PL adjustment to salary payment. I am agree to pay against my shortfall notice but they are not giving any satisfactory answer...
ajay sethi (Expert) 06 December 2011
have you accepted the change in policy? how as intimation given to all the employees of the company . ?

Querist : Anonymous (Querist) 06 December 2011
No Sir. I have no conformation about to change the policies & I never accept the such kind of changes. HR is telling me that they circulate a mail for the same but I don't have such kind of mail. Even I have already discussed to my mates they are also not having such king of information. Now My HR is saying that it is common for everyone not spicily for you..
Please Guide me what can I do in such kind of situation?
Now I have committed to my New Company to Join but without resignation acceptance or Relieving letter I cant Join at there...
Devajyoti Barman (Expert) 06 December 2011
This is a repeated query which is widely dealt with.
Guest (Expert) 06 December 2011
Please check terms & conditions of your appointment order. If the company has changed the police about notice period that should also have been brought to your notice.
Rajeev Kumar (Expert) 06 December 2011
Agree with experts
mahendrakumar (Expert) 07 December 2011
eventhough,legally nothing could be enforced contrary to the terms of your appointment letter or any consent given by you to the same,it is always better to part amicably.
Raj Kumar Makkad (Expert) 08 December 2011
I have also similar opinion as of all other experts on this matter.


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