Notice period

Querist : Anonymous (Querist) 22 November 2011 This query is : Resolved
Hi Everyone...
I need expertise solutoin to my problem. I am employed with an MNC, during the course of the time I got a govt job which needs me to be joined immediately. As per my company rules one has to serve 3 months notice period after resignation. I was unaware that I will be selected for the government job. Now when I told my officials the problem they want me servce notice period for sure otherwise for the payout. I cannot afford the payout however I have offered them for 1 month payout for which they are not in an agreement.
What should I do in this current situation. Please help me.
Also is there any law that states if one gets a government job all the terms between that person and the private company will get voided ? can they waive my notice period on these grounds ?
Please please help me. waiting for your response.

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Devajyoti Barman (Expert) 22 November 2011
Are not you expecting only such law which suits you and not the other?

You are very much bound by the service contract and if you have indeed been guilty of breaching its terms, you have no option to evade its consequences.

prabhakar singh (Expert) 22 November 2011
Sorry! There is no legislation to protect you from your contractual obligation undertaken by you only in name of your procurement of government job.Keep them pursuing else you shall have to pay for three months.You will need a relieving from them to join,or not?

Raj Kumar Makkad (Expert) 22 November 2011
Principally I fully agree with opinion expressed above.

Practically, if relieving letter is not required to join in Govt. job then join it by putting your resignation letter in writing to your company and let the company initiate civil suit for recovery of their dues. This suit shall take minimum 3-4 years and till then you shall be able to re-pay your dues so you can adopt this course of action.

Rajeev Kumar (Expert) 22 November 2011
I agree with experts

Sailesh Kumar Shah (Expert) 25 November 2011
Mr.Makkad has given you practical solution. However, you should try to amicably settle with the employer to avoid litigation otherwise same as earlier told.

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