• Resignation from company

I have resigned from my company on July1st, 2017. I have mailed this letter to My Reporting Head as well as to My HR Head that i need to relieve on July 31st, 2017.. My Reporting head forwarded this letter to Division head. I go response after 20 days that i must have serve the industry for Three months otherwise they will not provide me any documents i.e. Relieving letter, Service certificate and full & final settlement on Company's letter head. 

Kindly advise in this regards.
Asked 8 years ago in Labour

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7 Answers

If your employment agreement had such conditions which exhibits that you must serve a notice period of three months before leaving the company then you have to abide by the said terms and conditions.

Let me know if your initial terms of employment had such conditions.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

what were terms of your appointment letter?

2) does it mention 3 months notice period is required?

3) better serve the 3 months notice period if you want relieving letter , full and final settlement from company

4) litigation is an expensive proposition and would take years to be disposed of

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

Dear Concerned,

Kindly check your employment letter , ie the appointment letter and check the notice period clause of the letter - also check wether it has any such 3 month period - if not then you should write to them that their is no such condition in the appointment and you are following as per the appointment letter , hence they can not stop these documents for you.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

You have not stated that whether you are a permanent employee of temporary or under probation.

You have not mentioned the conditions mentioned in your employment offer letter.

if the conditions say that you have to serve notice period for 3 months, then yo may serve one month period and then pay for the balance two months as per the terms of employment.

You cannot violate the conditions of employment.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

If there are leaves to your credit other than casual leave, you may communicate your decision to resign the job and mention that you are willing to serve one month notice period and balance two months may be adjusted from the leave available to your credit.

This may be followed by a legal notice demanding relieving letter and settlement of F and F amount, if needed.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

It is at discretion of company to accept shortfall in notice period

You can offer to pay salary in lieu of notice period

If company refuses better serve the 3 months notice period

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

Then sir you will have to serve that period of notice, failing which the employer may initiate proceedings for breach of contract or proceedings under the Arbitration Act, if there is an arbitration clause.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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