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Company not relieving before notice period.

Hi,

I am in probation period in a MNC company. I resigned in my probation period itself and ready serve 2 month notice period and ready to pay 1 month salary as the compensation.I am resigned for my personal problem. But company not ready to relieve me. Company is telling this is bussiness, No personal reasons.You have to serve 3 month notice period.

A Snip from my offer regarding the relievement of employee,

Your employment with the Company may be terminated after giving a notice of three months or salary (Basic +
FBP) in lieu thereof. You are bound to give three months notice before leaving the services of the Company. You
will ensure that all your on-going activities are successfully completed and handed over as per the Company
guidelines on the separation process. Depending upon business requirements, the Company may or may not
accept your request to shorten serving of the notice period against the payment of salary (Basic + FBP) in lieu of
such shortened notice period.

HR is telling if you want to go, you can go today itself by paying the salary .But we wont give any service letter.You have to server 3 month.

Could someone suggest me what i can do ?

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3 Replies

Kumar Doab (FIN) 15 December 2015

Saying,asking,telling etc are all verbal mode of communications and difficult to prove.

Resignation is personal matter and can be communicated from personal email id or by letter thru redg. post.

Record everything (audio/visual/witnessed/minuted).

HR is not your employer and is jus another employee like you with specific set of duties.

The notice period of 90days and/or notice period in probation period may not neccessarily be applicable to you.

Service certificate has to be supplied to all employees.

You may write that NO Tasks are pending at your end (download proof) and to whom you should handover the charge under proepr acknowledgment..............................and routine duties be assigned that can be completed on day to day basis within and upto expiry of notice period.

What is this company: Commercial/Industiral?

You are located in which state?

Your reporting office is located in which state?

Redg. Office is located in which state?

What is your designation and nature of duties?

How many person are employed in it?

Does standing orders (model/certified) apply to it?

Are you a member of employee's/trade unions?

Like company can employee also decline to accept notice pay in lieu of notice period if employer initiates termination?