I am an employee with 'XYZ' group of companies, Mumbai for the past 9 years. I have been offered an opportunity with another organisation 'ABC' in a different city. I have tendered my resignation on [deleted] in my current company and have requested to relieve me of my official duties on or before [deleted]. (28 days) The revised Terms & conditions of contract to which i have signed are as follows, "Termination of Employment: The contract of employment may be terminated at any time by either party by giving 3 months notice in writing to the other, subject however to the Company's right to pay 3 months salary in lieu of such notice to employee. Further in the event of employee giving a notice of termination shorter than the above period of 3 months, the Company shall have, at its own discretion, the right to insist on serving for the full notice period or adjust any leave due to employee and/or recover from him/her such amounts towards notice pay for the shortfall in the period notice" Now i have 75 days of privilege leaves and have requested to adjust my leaves for the shortfall in my notice period. (Only 62 days have to be adjusted and still 13 days shall be due to me) I have to join the new organisation on [deleted] and is a "One in a million" kind of opportunity which i do not want miss under any circumstances. The management is however adamant of relieving me early even though i have requested as per my employment agreement. I am however trying to pursue with them mutually. But just in case they just do not agree what can be the legal course of action so that i can be relieved of my duties officially and honorably.
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It is at the discretion of company to accept shortfall in notice period
2) company can accept notice pay for shortfall in notice period
3) if company refuses to relive you early you have to serve the 3 months notice period
4) if you leave the organisation without serving notice period you would not get an relieving letter and experience letter from your employer
See if you are discharged of your duty then to avoid losing the new hob you can just stop attending the duty after sending a resignation letter.
In the resignation letter you can adjust the leave with the notice period work while for the balance 13 days you can be penalised for a sum of money.
However under no event any legal action can be taken.
However it is advisable to settle this amicably. Else join the new company grab the chance in a million times.
The legal recourse to this that you send your resignation letter by mentioning the details of your date of last working and thereafter the adjustment of balance period of notice period by adjusting the leaves due to you, etc., and you can clearly mention the clause which authorises you to avail this benefit.
This letter of resignation can be sent by registered post to the top management of the company with a copy endorsed to the HR or whoever is responsible at the middle management level.
Keep a copy of the resignation letter secured, dont bother about the relieving letter, you can joint the new company and request them to allow you time to procure the relieving letter for which if the previous company do not respond, you may issue a legal notice to them demanding the same along with your other dues from the company.
