Relieving date not getting confirmed

Querist : Anonymous (Querist) 08 October 2011 This query is : Resolved
Hi Team,

I am working in a big IT company and 10days ago i resigned saying to releive me 1 month or so (2 month notice being written on offer letter). But still i have not got a confirmation that my resignation is accepted or any relieving date. i need to join the new company in 1 month and i am not sure if they will relieve me by that time. i spoke to my boss who said they cant gurantee to releive me in 1 month (though i have agreed to pay the balance notice period). Boss is saying that they are also facing pressure not to relieve employees easily in 1 month hence cant guarantee but will try.

My query is

1) can they force me to stay for 2 months or do i have any right where i can force them (either thru consumer forum or any other option). Pls help since i am worried if i will be able to join new co in time.

2) The PF is also accumulate in the co trust and not govt fund hence pls suggest if i leave the co wihtout a proper consent will they block from getting my PF.

3) how will i withdraw my PF without employers sign? Is it possible to get PF by approaching the PF office directly. Pls suggest.

Thanks

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ajay sethi (Expert) 08 October 2011
if under terms of your contract you are required to serve the employer for 2 months during notice period then it is binding upon you .

if under terms of contract you are granted liberty to pay 1 month salary in lieu of notice period then you can offer salary for one month .

if you go to consumer forum lot of time will be wasted .leave amicably .

send reminders to your employer that you have given resignation letter on said date and to relive you .

you need employer signature on your PF form

ajay sethi (Expert) 08 October 2011
for provident fund help go to this site

soni2006.hubpages.com › ... › HR Advice and TipsCached

Ajay Bansal (Expert) 08 October 2011
File civil suit for mandatory injunction alongwith an application u/o 39 r 1 & 2.

prabhakar singh (Expert) 08 October 2011
You both can do all with in scope of your service agreements ,breach by one will give right of action to other.So being the case either read your service agreement for your self or attach here for our analysis,there is
no point to speculate about an agreement which in writing but not before adviser.You may be free to a suitable analysis but we can not get exposed to a bias for you being an author.

Raj Kumar Makkad (Expert) 08 October 2011
I ratify the common views of experts.

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