Notice period

Querist :
Anonymous
(Querist) 18 August 2011
This query is : Resolved
What legal action can be taken if company is not ready to give u relieving and experience letter even when u r ready to serve notice period???????
ajay sethi
(Expert) 18 August 2011
your appointment letter must have specified that you are required to give either notice period or pay ______months salry in lieu of .
if inspite of notice compnay does not give relieving letter you have not committed any breach of contract and are free to leave the company
prabhakar singh
(Expert) 18 August 2011
It is a case of BREACH of CONTRACT by COMPANY itself ,if facts stated are correct,as an action a NOTICE CAN BE SENT TO CO,CLAIMING COMPENSATION FOR LOSSES CAUSED,AND IN CASE NOTICE IS NOT COMPLIED WITH,A CIVIL SUIT FOR REALIZATION OF CLAIM DEMANDED BY NOTICE CAN BE FILED.

Querist :
Anonymous
(Querist) 18 August 2011
contiued with above question....i have put my paper 10 days back till now i have not received any positive response from H.R ......should i continue to work considering it as notice period which is 2 month.....
Dr Anil Kumar Singh
(Expert) 18 August 2011
Yes, go ahead with your job for the notice period. The company is bound to give you your entitlements.
Advocate. Arunagiri
(Expert) 18 August 2011
If you have the proof for serving the notice period, you can count down your notice period.
But, your information is insufficient. You have to give the terms in your appointment letter.
K.S.Srinivas
(Expert) 18 August 2011
Yes. If you have the proof for serving the notice period, then it is sufficient. Further, after the notice period is over, you can proceed with the suggestion of Mr.Prabhakar Singh, in case you do not receive relieving letter and experience certificate from the company.
Raj Kumar Makkad
(Expert) 18 August 2011
If there is no provision in appointment letter or service agreement, employee cannot purchase notice period rather he has to serve during the notice period. It is is the discretion of company in such circumstances.