Company forcing to serve a 3 months' notice

If the new company is not adamant to get the relieving letter you can join the new company after a month as mentioned by you in your resignation. The only issue is that the present company would not issue a proper relieving letter to you.

Company would normally not take anyaction against you.

HI,

There is no law for serving notice period, however the mutual agreement will stand between both employer and employee.

in current market  employees cannot serve for 3 months. as one month is reasonable but some companies to their safety their are putiing the agreement for 3 months notice period, if they wants to throw the employee then they will take the weapon like code of contact.

as per the indian constitution act no body can force somebody do some work. then how does 3 months notice peirod will be valid?

in public interest shall any one give clarification for the notice period in details. please.

thanks sanjeev.

one more thing I wanted to ask is that whether the present employer can charge the current employer of my services especially when they have not issued a relieving letter?

frankly speaking I do not care about the FNF settlement any more because I know I am parting with the co on a not-so-happy note. they might and I think, they will delay or create problems with the FNF settlement of mine when I will leave with a months' notice. The only thing I am concerned right now is my career and smooth transition from this co to the future one.

Company can not force you to work with it. Your liability is to tender notice pay for the shortfall in notice period.

Relieving letter is issued post all settlements.

1. Employee should settle dues e.g. advance, imprested cash, (these are usually adjusted in FNF statement) company property, tasks on hand, notice pay…

You may mention in writing that notice pay may be adjusted in FNF statement and FNF statement be supplied to you within last day in office and if there is any amount due to be paid by you as per FNF statement correct in all respects, you shall pay by a/c payee cheque favoring company and receipt of which in original under original seal and signature by hand of the competent employee, shall have to be issued to you on the spot.

 2. Employer should settle dues e.g. acknowledgment of notice of resignation/resignation, acceptance of resignation, settlement of dues and payment of dues, work experience/service certificate, FNF statement, form 16, PF accumulation reports, PF withdrawal/transfer forms, NOC/NDC, etc, within last day in office or within 2 days from last day in office. Company is under obligation to supply these docs , and payment of all wages and if company violated its liability, you can approach o/o Labor Commissioner/wages inspector.

Employee should submit notice of resignation with effective date of resignation clearly mentioned in it.

You may submit a written representation, under proper acknowledgment at mail desk of company and also by redg post/speed post followed by email, covering 1 and 2 , addressed to good offices of your appointing authority, MD, Head-HR, Company Secretary, and include all points on harassment faced by you, threats issued to you including blocking FNF, settlement of dues, relieving letter, maligning your image and employability in industry, etc and do not leave any point. Place everything on record.

If the good offices still indulges in any kind of unprofessional, illegal activity against you they can be sued.

The notice of one month tendered by you is reasonable. You may mention in writing that good offices should ensure to take charge from you and must inform you in writing to whom company property and charge should be handed over by you, and the designated employee may be advised to issue acknowledgment to you on the spot. You may also mention that you are willing to train any designated employee ( which can be your boss who monitors your work and who is supposed to train his reportees) up to and within your effective date of resignation.

You must inform next employer in writing that you can provide copy of resignation, its POD, previous salary slips, attendance record of the last month, only and work experience/service certificate, relieving letter, FNF statement can be provided if and only if/ as and when supplied by previous employer.

But present company Hr is neither answering my mail or call. they are just delaying the process. They yet have not realesed any documents for exit formality. Neither they have mentioned in mail or written that "90days notice period has to served ; without any adjustment."
 

Instead of HR executives address all representations to good offices by letter followed by email. You may take your line management in loop. You can also seek and appointment with good offices in writing and meet them. However do not forget to minute the discussion.

HR is also known to claim that employee was verbally informed in office. To counter it you may minute all discussions. If they maintain a studied silence this is not against you.

 Build your rapport with future employer HR/line management.

If you wish you may add a line that if company states so in writing you are willing to submit cheque for notice pay against receipt on the spot.

 Leave nothing to chance. Complete your responsibility, and submit gentle representations, and thus build record in your favor. Employers are known to become rigid, frigid, cold, insensitive, recalcitrant and adamant. Employer on its own may not initiate litigation but may coerce and impose on employee. Registering grievance in the end with o/o Labor commissioner/wages inspector is not litigation. All employers are aware of trends in the industry. If you can not make up with current employer, you have to manage the situation in your favor.

In today’s business scenario employees need to acquire exceptional levels of rapport building, negotiation, reasoning, persuasion, persistence skills and apply them.