• Employer not reliving in one month notice period.

Hello All,

I have 1.5 Year of experience in my company. I got one good opportunity in another company and I have to join there within 1.5 months. But as per my current company I have to serve 3 months of the notice period or three months of Salary in lieu of notice which was written in my offer letter. I have given one month of notice period to my manager and told them that I will pay the remaining two months of salary in lieu of notice. But HR told me that they will relive me once they get confirmation from my manager and he is not ready to relive me. He told me that he needs at least two months to find my replacement. I don't have time to serve even two months and I need experience letter from this company.

Please let me know whether I have a legal ground to send them to notice. Because in the offer letter it was also written that "they can accept or deny the payment in the lieu of notice period, depending on the criticality of the assignment/ work as deemed fit."
Asked 4 years ago in Labour

3 answers received in 2 hours.

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11 Answers

Hello,

If it has been written that "they can accept or deny the payment in the lieu of notice period, depending on the criticality of the assignment/ work as deemed fit", then chances are bleak that sending notice will be of any help to you.

However if you do not want any letter from them and you are ready to fight the case (in case they file) then go ahead and leave the company.

Generally companies do not file suit for breach of this employment condition.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Don't tell them you have got job. Tell on medical ground you want to leave the company and you won't be able to pay two months lieu periods as salary only one month advance notice can be given.

2) Provide strong medical reason that yih can't sit at one place more than one hour and doctor has asked bed rest for next 2 years atleast. Provide them MBBS doctor certificate. And submit this to HR Manager and don't talk to your operating manager, ignore him. Tell HR that your problem is serious its your life n death situation and if you trouble more company will responsible for anything goes wrong with you.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. First of all discuss with your new employer whether they will allow you to join with out the release letter or not.

2. Under such circumstances, most of the companies allow fresh candidates to join without release letter but with the evidence of their submitting the resignation letter and/or the payment in lieu of the notice period.

3. If they agree to accept you as an employee without the release letter from your present Company, then you should immediately send the Company the amount equal to your salary of the balance of the notice period you are required to give your Company.

4. If your new Company refuses to accept your joining them without release letter from your present Company and also refuses to exten your joining period, then you should withdraw your resignation letter forthwith.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

It is at discretion of employer to accept salary in lieu of notice period

2) serve 3 months notice period as per terms of your appointment letter

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

See under terms of notice you have to either pay three months notice or salary then it's on employer to take amount or not.

Since the one month notice and 2 months salary under agreement is not there such arrangement can contravene the agreement so pay off three month salary and leave the company.

Also these case take some time to settle so you should instead of wasting opportunity shall deposite amount and get your relieve letter so that your new employment is not effected.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please send them a legal notice stating your case and also stating that in case of any loss due to their non adherence to the terms of agreement you will sue them for future damages that may arise for they refusing to release you from job. Since you have given notice they should make reasonable arrangements and as such the term mentioned giving them upper hand to release you or not is not binding

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes, it would help you.

As, yes it is also arbitrary as per their own agreement that firstly they ask for salary in lieu of notice period not served m, and at the other hand states to not accept it also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes you can send them a legal notice forthwith you have a valid ground.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Send them a legal notice to release you or else you move to file suit against them

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Instead of jumping into legal action in a haste, you may first write to your top management seeking his intervention on the manager's hostility in this regard.

You can explain your difficulties in this regard and seek his approval overruling manager's objection.

If there is no fruitful result for this step then you may initiate legal process by issuing a lawyer notice.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

The final discretion has been given to the co., whether or not they give you an early relieving, irrespective of your offer of buying out the notice period.

I'm sorry to say, but you can only request them for an early relieving on the strength of your offering of paying them 2 months salary for not serving the last 2 months of notice period.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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