sundar.sundar 26 November 2015

Current company not relieving me

Hi,

I Have Resigned From My Organisation That Has Notice Period Of 2 Months. I Would Not Be Able To Serve This Notice Period. I've Resigned On 18th Jul And Requested My Employer To Relieve Me On 28th July. The Agreement States As Below.

"Your Services Can Be Terminable By Giving Two Month's Written Notice Or Two Month's Basic Pay In Lieu Thereof On Either Side At The Sole Discretion Of The Company's Management"

I Was Deputed In Client Place Through My Employer And My Client Has Already Relieved Me From My Duties.
But, My Employer Is Not Willing To Relieve Me And Forcing Me To Serve The Notice Period.
Since It's Mentioned That "At The Sole Discretion Of The Company's Management", My Company Is Not Ready To Relieve Me.

1) Can Company Keep Hold Of Employee And Not Relieve Me Even When I Agreed To Pay 2 Month's Pay In Lieu Of That. In Addition, I Also Requested To Forfeit My 1 Month(July) Salary For Which I Worked.
2) Can Company Decide This At Their Sole Discretion Without Giving Any Option To Employee To Get Relieved?

I Have Resigned And Clearly Stated In Letter That I Am Ready To Pay The Compensation Of Two Month;S Basic Pay In Lieu Of Serving My Notice Period. Can Company Still Choose Not To Relieve Me And Not Provide Me Relieving Letter.? Would Company Be Able To Take Any Legal Action Against Me Even Though I Agreed To Pay Them?

Reply Follow

5 Replies

Nitish Banka (lawyer) 27 November 2015

Dear sundar,

It depends on your appointment letter though their are ways to make terms vidable under s.23 contract act being an employer is under a dominating position.

Thanks & Regards,
Nitish Banka
9891549997

sundar.sundar 27 November 2015

Dear Nitish,

Please confirm what is the option for employee, in case of emergency, to get relieved without serving notice period

Thanks,

Kumar Doab (FIN) 27 November 2015

Has the company replied to you in writing and declined to accept your notice of resignation, resignation,notice pay in lieu of notice period?

Do the same condition apply to company if it initiates separation by notice of termination, termination with immediate effect…………………………..and does the employee has the right to reject notice pay in lieu of notice of termination?

Were you seconded to client in writing? The client (your workplace) is located in which state?

Has the client relieved you in writing?

What is this establishment (your employer) : Commercial, Industrial?

The Redg office, your reporting office, corporate office is located in which state?

What is your designation and nature of duties?

Is the next employer willing to accept you on the strength of copy of notice of resignation/final resignation and max. with copy of proof of dispatch/delivery alone? And without acceptance of resignation, service certificate,relieving letter, FnF statement,salary slips of all months,PF a/c slips,ESIC card, Form16, BGV/reference check report from last employer?

Have you registered with NSR of NASSCHOM and shared the PIN with last employer?

1 Like

sundar.sundar 27 November 2015

Company has replied in mail stating that as per their company policy it is mandatory to serve notice period (even after i accepted to pay in lieu of notice period). So, they are not giving me any option to get relieved.

I asked for client to share the confirmation mail for relieving. But client asked me to discuss with my parent company. I received a mail from my parent company that I've been relieved from my client and all role is closed. Client and my company both are located in Bangalore. Both are software companies and I am a software developer.

I do not wish to show this employment to my next employer. I am ok to show the gap in career. Would there be any consequences if next employer doesnt find this previous employment.

Kumar Doab (FIN) 29 November 2015

You have not replied pointwise, to all points. You should have replied to all points.

You have posted that:

---"I received a mail from my parent company that I've been relieved from my client and all role is closed."

After this email have you been asked to not to attend office?

Are you marking your attendance?

Are you still on payroll?

---"I do not wish to show this employment to my next employer. I am ok to show the gap in career. Would there be any consequences if next employer doesnt find this previous employment."

You shall be committing a gross error. Avoid it.

In your kind of Indutry you may have to clear BGV/reference check for new employment and even VISA....................

If the new employer finds out you shall be terminated.

Moreover the past employer (from which you have resigned) may record your name as Absconder etc.......................for ever.

Go for right and proper soloution.

If you are unable to resolve with your own skills lean on an able Labor Law Consultant.

Are you willing to share more details. If you are not comfortable in this thread you may send a PM and mention the weblink of this thread in PM..