Dual employement clarification required.

I have resigned from a company with a notice period of 7 days. As per the employment contract either I need to give a notice period of 60 days or pay my salary for 60 days. The company did not accept the resignation period and was also not letting me go for the option of buy out. However, I have managed to get the no due celarance form from HR. Though resignation acceptance or relieving is awaited from the owners of the company. With the document from HR I am able to join a new company. What I have got to know is that the owners of the company are trying to file a case against me under dual employment. Though they do not know that I have a copy of the no due clearance from HR. I have written 7 emails to the company for buy out however they are not responding. They have also not paid my salary for 1.5 months. What am I suppose to do here when I get the legal notice on dual employment?

Contact an advocate as soon as possible before complications arise. I need more details before formulating a sound advice. You can call me on 8892562298 for assistance.

 

Resignation can be without permission or notice.

 

 

 

Hope you have copy of your resignation, subsequent communications and POD.

 

If the notice pay in lieu of notice period is stated in standing orders applicable to the company and extended to the designation of the employee (Certified/Model), appointment letter/contract of employment, service rules, then the notice pay is the max. amount of liquidated damages to be paid by the party ( read employee as in your case) that has initiated the separation to other party( read employer as in your case).

 

The notice period and service conditions stated in standing orders shall prevail upon appointment letter.

If notice period as in standing orders is 1 month it can not be 2 months in appointment letter.

 

You have resigned by proper resignation and have not absconded.

 

Probably you have also affirmed in writing in notice of resignation/resignation/subsequent communications, that notice pay be adjusted in FNF statement/settlement and FNF statement be supplied to you for verification and acceptance.

 

If the correct FNF statement shows amounts payable by you to company you may tender the same by cheque favoring the company under proper acknowledgment.

 

You have the option to submit the cheque now under proper acknowledgment and under advice of your lawyer.

 

You have posted that:

“However, I have managed to get the no due celarance form from HR. ‘

 

Your lawyer may opine that this implies your resignation has been accepted, processed, no tasks/assignments  were found as not pending  at your end and accordingly NDC has been issued, and that NDC may also imply that notice period/pay has been waived off by employer.

NO due is issued after all accounts of the employee are cleared and there is nothing pending at the end of employee.

 

However you must download and keep copies of all such communications that validate that no tasks/assignments were pending at your end. This should help you to establish that you have left no assignments pending due to which employer may impress upon you to serve the notice period and to claim some financial or other kind of loss.

Without wasting any time you may show the job advertisement, job application, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the company and extended to your designation, resignation, and any other communication that you may have, to a lawyer specializing in labor/service matters and proceed under the expert advice of your lawyer. The lawyer that has seen all of your docs and has analyzed your inputs in person can advice you the best.

The legal notice by your lawyer/reply to the notice of your past employer by your lawyer may help to drill sense into the heads.

If you are not covered as 'Workman' as in ID Act and 'Employee' as in  Shops and Commercial Establishments Act the forum for you may be civil court.

You must keep your current employer by your side and he should help you.

 

 

 

 

 

only Mr Kumar Doab can elaborate rule position without full facts