Early relieving and salary payment in lieu of early relieving

Querist : Anonymous (Querist) 11 October 2011 This query is : Resolved
Dear All,

Currently I am working in a Pvt Ltd Bank for the last 3-1/2 years. My hometown is Jaipur and my family is living there alone. I got an Opportunity to join a new organization who is offering me the same profile and good salary hike and moreover they are providing me my hometown location. As per my appointment letter of current organization, I have to serve 3 months of notice period before relieving or I have to pay compensation in lieu of my early relieving. As per HR I have to take Regional Head approval for early relieving,which is not mentioned in the appointment letter, but he is not ready to give me early relieving and forcing me to complete my 3 month notice period. The new organization is not ready to wait for 3 months. I am ready to pay in lieu of early relieving.

Kindly suggest is there any rule or Act or any legal action that can be taken for my early relieving.

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ajay sethi (Expert) 11 October 2011
undert erms of contract you have option either serve 3 moths notice period or pay compensation . since option is given to you it is not necessary to serve the notice period .

draw the attention of HR head to terms of contract and request him politely to give you an early reliving letter .

however if they are not willing to accept your plea inform the new employer of your difficulties . if they really want your services they will wait .

dont issue any legal notice . it will ruin your relations with existing employer .

prabhakar singh (Expert) 11 October 2011
Aptly advised you are by Mr.Sethi.

Querist : Anonymous (Querist) 12 October 2011
On appointment letter it is written that early relieving can be given on bank's discretion, but there are cases where early relieving is given to other employees in the same organization in same area. Please suggest as the new organization is not ready to wait for 90 days...

kindly suggest....

prabhakar singh (Expert) 12 October 2011
Look mutuality is the crux of these matters.If early relieving is given without any dispute between two and each party releases the other from any kind of liability that can be there under the agreement or appointment letter, no problem.
Parties have agreed now parties are changing.

Enforceability of agreed thing becomes question when one party acts exparte against the wishes of other party.

K.S.Srinivas (Expert) 15 October 2011
I agree with Mr.Ajay Sethi.

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