Legal advice on resignation
I am working with a PSU under MOCA.As per my appointment letter i am a permanent employee of this company.In case of resignation (as per letter) i have to serve 6 months notice period.Now i have decided to quit this company and want to join a private sector.I have served my resignation ,In the letter i have clearly mentioned that due to my personal reason i am leaving the company, and willing to pay/salary for my notice period after deducting my EL & other terminal benefits like PF etc.My question is 1# Is there any prevailing rule where company can still hold me and providing me NOC to join private company 2# I am ready to pay for whole 6 month if company does not want to dilute my EL and other benefit. (can the company still has right not to relive me with my stipulated time 3# Can the company take any action if l leave the company ,after my due date as per my resignation letter.I have already served for one moth,& company stand on releaving is not clear,Please clarify.
Asked in Labour from Delhi, Delhi
You as well as your co both are to be governed by the appointment letter unless you have given something else also in writing.Read it carefully and go by it.
Advocate, New Delhi
Sir in my appointment letter nothing is written about adjusting money in lieu of notice period.Letter is saying in case of resignation SIX month notice period to be given.However in the service manual it is written Competent authority may reduce or remit the notice period.I want to know if an employee do not want to serve and willing to pay for notice ,is it acceptable or not as per Indian court of law.
Asked 3 years ago