i don't want to serve the notice period of 2 months and joined somewhere after resigning but the director of last company is forcing me to serve the notice period and even they are not ready to adjust the notice period value.Please let me know whether he can take any legal action on me or not as he is not ready to giving me the receipt of asset hand over which is already in their office also i am ready to hand over my responsibilities. With reference to your application and the subsequent interview you had with us. We are pleased to offer you as Sr. Software Developer Oracle Technologies our organization The terms Term and conditions are mentioned below. 1. You shall be on probation for a period of 1 months with effect from your date of joining the company. Should your work be found satisfactory at the end of the period of probation, your appointment will be confirmed. The probation period is extendable at the sole discretion of the management and it will be informed in writing if extended. 2. In the case, company is providing you training to be competent in carrying out your work, from locally available sources and/or from principals abroad, you shall not take up any other employment for a period of 3(three) years from the date of your joining this Company. 3. After the successful completion of probation period, you will need to give 60- days' notice or, 60 days salary in lieu thereof which will be sole discretion of company to allow you to depart or make you to serve the notice period. 4. Your employment with the company is liable to be terminated without notice during the Period of probation and with one month's notice or salary in lieu of notice from the company's side after confirmation.a) If you are unable to fulfil the terms of this agreement b) Disorganization of work outside the control of the Company c) Any change in the work program causing reduction in the staff required. d) The Company reserves the right to terminate your services for any other legitimate reasons other than the above mentioned sub-clauses a, b & c. 5. During the period of your employment with the company you shall not secure or try to secure any other employment whether full time or part time or engage in any commercial business or pursuit on your own account or as an agent for others. During your employment with the company you shall not undertake any course or study without getting permission from the management. 6. If at any time in the opinion of the company, which shall be final, you become insolvent or are found guilty of dishonesty, disobedience, misappropriation, theft, fraud, disorderly behaviour, negligence, indiscipline, absence from duty without permission or of any other conduct considered by the company as detrimental to its interests or of violation of one or more terms of this appointment, your services may be terminated without notice. Regards Anuj Mittal
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It is at discretion of company to accept shortfall in notice period
You cannot force company to relieve you before expiry of notice period
3) if you fail to serve notice period company may declare you absconder and not give you experience and relieving letter
Sir can company take any legal action based on terms and conditions given and my current enployer is not required any releiving and exp letter, also can he send a false notice for keeping any asset as my laptop is already in office and director is not going to give me the receipt for laptop handover.
Send an email to company that you have handed over laptop to the director of the company
In case any notice is received submit reply denying allegations made in notice
When you execute a contract with your free consent you cannot at your whims and fancies refuse to perform your contractual obligations thereunder. If you do not wish to serve the notice period then persuade your employer to waive it in its discretion, but if you are unable to obtain the waiver and yet do not serve the notice period, you will be liable to pay damages to the employer which it can recover by filing a suit for recovery of money on account of breach of contract.
The company may act funny on such circumstances to trouble and torture the employee leaving the company.
This would be to satisfy their ego and also to put mental pressure on the employee leaving the job so that he loses the job in the new company too.
However yo may send yor resignation by registered post with intimation that the notice period may be compensated with the amount that is due to you and to settle your F&F after deducting the amount towards notice period and also to issue you with a relieving letter and experience certificate.
You can mention the clause 3 in your letter of resignation.
If you dont get any response to this then you may resort to legal action as per law in this regard.
Sir can company take any legal action based on terms and conditions given and my current enployer is not required any releiving and exp letter, also can he send a false notice for keeping any asset as my laptop is already in office and director is not going to give me the receipt for laptop handover.
In your resignation letter you may make a mention about handing over the company's property to the incharge/person on so and so date and at so and so place.
This would save you against any legal action that may be initiated by the management in this regard.