Forced to complete notice period..should i abscond ?

Hi,

I'm currently working in an Indian IT company from last 1.9 years. I resigned from the company 1.5 months back asking them to relieve me in one month. After discussion with my managers, we mutually settled on a 1.5 month notice. I didn't get this confirmation in writing but I kept all these discussions on mail. But I didn't get any reply.

During this period, I completed all my assigned duties and completed the handover process. Now in last week they refused to relieve me and asked me to serve a complete 3 month notice.

But as per the policies mentioned in my joining letter, I may resign from the services of the Company by giving a three month's notice or three month’s salary in lieu thereof or for the period falling short of the notice period.

I'm ready to pay but they are not giving me the buyout option.
I had already shared these details with my future employer and he is ready to offer me joining without the relieving letter.

Now I'm confused what should I do? Should I abscond?
What legal action my current employer can take against me?
Can company force me to serve notice instead of notice pay out?
Would this affect my future opportunities?

In absence of any default on your part shown by your earlier company you may pay balance notice period in cash to adjust  three month notice as per your old appt letter and discussed by you with your Managers as per your mentioned email. You may give these in writing.And ask for relieving order.

If present employee has no objection u may carry on new job.You will loose only your CPF etc.. for that period..

I agree with Mr. Ahmed Daud Girach, Advocate.

It is always better to obtain the relieving letter from the present employer before joining the new employment.  As stated in your offer/appointment letter, you send  a cheque favoring the company for one and half month salary amount in lieu of the actual notice period to be covered more, along with your letter of resignation , copies of the discussion you had with your manager, evidence of handing over process etc, as hard copies and forward them to the chief of your company by a registered post with acknowledgment due, along with a copy to the HR head/other top management person and seek for your relieving letter, if you do not get a proper response then send a lawyer's notice the employer for which you will certainly get a response, until then it is advisable to put your new employment on hold, because this slip should not become a hindrance or hamper your career with your new employer on any other issue that may arise on a later date.

In case of leaving the job you shall be sticked to the clause mentioned in your appointment letter any variation thereof shall bring unnecessary misunderstanding and annoyance to your present emplyer. the effect of which shall injure your career profile..  Besides you shall have to obtain a release order and a certificate from your present employer so I ADVISE YOU TO ABIDE WITH YOUR PRESENT EMPLOYER TO MAINTAIN A GOOD RELATION.WITH THEM.

The learned experts have given valuable advice. Kindly follow it.

From your post it can be made out that you are clear on your rights.

However you seem to be apprehensive of getting a relieving letter.

Why are you contemplating to abscond and why should you be termed absconder?

Having submitted notice of resignation, offering to tender notice pay, having discussed the notice period to be served/completed the tasks assigned in notice period/handed over the charge: how and why the question of being termed absconder arises?

Label of Absconder can be termed derogatory!

Submit all communications under proper acknowledgment.

As far as I understand your managers have got everything that was needed to be done from you and now they are rigid on service of full notice period as per employer’s policy for them and any relaxation given to you might set a precedence………….

When an employee or employer has issued communiqué to separate by way of notice of resignation/resignation, notice of termination/termination the employee-employer relation ends.

Service conditions are governed by Standing Orders are applicable to the establishment and extended to the designation of employee, contract of employment/appointment letter, service rules and regulations/HR policy mention of which is made in appointment letter.

Employer is also bound by the T&C drafted by it and any violation shall be breach by employer also.

The threat for blocking relieving letter can be termed coercion, intimidation…………etc.

Your managers/bosses/HR is not your employer and they are just another employee in the company.

As per T&C inserted in appointment letter issued you, you can separate by tendering notice of resignation or notice pay in lieu of it, hence there is no question of seeking permission of buy out option from managers/bosses/HR.

If employer can terminate without issuing notice of termination ( by tendering notice pay and hence without bothering to see if employer has alternate employment in hand or not) then employee can also terminate the employment by asking to adjust notice pay in FNF statement and supply it for verification and acceptance, without bothering whether there are tasks expected from him and whether replacement is available or not.

Moreover in appointment letter/service conditions there is a provision of notice pay in lieu of notice period.

If you were asked by officials of the company to settle the notice period to be served by you in discussion with your manager and you have done it and have finished the tasks assigned to you (after serving the notice of resignation) and have handed over the charge then you have displayed the character and the employer personally should be thankful and obliged.

If you handed over the charge then nothing is pending at your end.

HR is not to stop ort issue relieving letter. Relieving letter is issued after all a/c’s by the employee are cleared and nothing is pending. You have done your part of the deal and now employer and his employees in the form of managers have to fulfill his part of the deal.

First of all a Programmer may be covered as a “Workman’ as in ID Act and as a ‘Employee’ as in (Name of the state) Shops and Commercial Establishments Act………….

(Name of the state) Shops and Commercial Establishments Act, standing orders are applicable to IT/ITeS companies.

The notice period stated in Model Standing Orders is NIL for Probationer and 1 month for confirmed employee.

The Labor Inspector, Inspector under (Name of the state) Shops and Commercial Establishments Act can be approached.

The employees union, IT/ITeS employees union ,Trade unions can also be approached.

Hi Sandeep,

I am also in a similar situation. Please let me know what happened in your case.

Thanks

Hi Anushree,

In my case my future employer (now current) was ready to give me joining without relieving letter. I left my previous employer and after joining the current one I kept asking them to provide me my relieving letter referring my email thread.

After two months, I got my relieving letter.

@ Sandeep,

It is good to note that you have succeeded by citing just the thread initiated at LCI.

Prompt all your near and dear ones, colleagues, to consult and be properly informed.

@ Anushree,

Many employee's have posted that:

--their issued resolved just by drawing the attention to threads's at LCI.

--they gained enough knowledge and were properly informed and gained confidence to handle their issues effectively.

--they consulted their Labor Consultant/Service Lawyer and their issued got resolved.

The line managers/HR personnel/employer's take advantage of ill informed employees.

Employee's should form unions, become member of unions/Trade unions,  form 'Work Committee's' in their companies, negotiate service conditions, and should unitedly handle to address their issues.

Employee's should retain access to a good  Labor Consultant/Service Lawyer.