Relieving letter
Singh
(Querist) 19 March 2014
This query is : Resolved
Hi,
I am working as management trainee in one of the leading KPO based at gurgaon and my terms of contract required me to serve 90 days period notice however I got one offer which required me to join with in 45 days so I may give only 45 days notice and also ready to buyout the remaining period of my notice.
However I dont have coordial terms with management and they are strict on giving 90 days notice without any negotiation otherwise they are saying they wont give me the relieving and without it I will not be able to join the next company.
Would they witheld my relieving and what is the procedure that they will give me in 45 days
They are harassing me daily by saying you wont get relieving in 45 days.
Plesae help I am very tensed.
Kumar Doab
(Expert) 19 March 2014
IN another thread initiated by you, you have posted:
“my client has filed complaint case under sec 138 ni act against one person amounting 70000. we have shown the amount as friendly loan as he is friend of my client's husband.”
{http://www.lawyersclubindia.com/experts/138-NI-ACT-436731.asp#.UylpjEeBmXU}
“I summoned it as court witness because “
http://www.lawyersclubindia.com/experts/Evidence-By-witness-459716.asp#.UylqIEeBmXU
Probably you are a lawyer yourself.
Labor Law/Service matters in itself is a specialized field and you can access Labor Law consultants/Service Lawyers par excellence at Delhi/Gurgaon, along with copies of job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, resignation notice, etc …………. Communications exchanged with company give inputs in person and proceed under the expert advice of your lawyer.
.
The lawyer that has examined all docs and inputs can advice you the best.
There are many threads on similar queries that you may find relevant.
The KPO are covered by Shops and Commercial Establishments Act, Standing Orders…………….
The Inspector under Haryana Shops and Commercial Establishments Act ( Labor Inspector may be holding this charge too) may opine that max. notice period is 1 month.
The notice period/notice pay in lieu of it is part of service conditions and service conditions are stated in Standing Orders, appointment letter, HR policy, Service rules and regulations mention of which is made in appointment letter…………………
Service conditions that are inconsistent with standing orders shall not survive.
If standing orders are applicable but are not certified then Model Standing Orders shall apply.
As per Model Standing Orders:
Sec;13; Notice Period applicable to Probationer is NIL and to a confirmed employee it is 1 month.
Sec 16, service certificate should be supplied to all employees.
You may mention in writing under proper acknowledgment that as on date no tasks/assignments are pending at your end and now onwards routine duties may be assigned that can be completed on day to day basis within and up to last date/day in office i.e. dated………………….and to whom you should handover the charge.
45 days by all counts should be sufficient for employer to put his house in order and induct replacement.
It is reiterated that you should proceed under the expert advice of your Labor Law consultant/Service Lawyer.
Rajendra K Goyal
(Expert) 19 March 2014
Well advised by the expert Kumar Doab ji.n
