• Notice period

I have 6 six years of experience in IT.Now the thing is that where i am working 3 months is the notice period.I am working here for the last One year Six months.After working for few months they have shifted to night shift.I have working in the night shift.Which has been affected to my health.Now i have got another opportunity they are having only day shift.I have the give resignation due to health condition.I also submitted the Doctor medical certificate to hr.But they are not ready to give the release before 3 months.and the other organization where i have got the opportunity they are giving only one month notice period.In our offer letter we have buy out option.But few days ago our MD verbally told to not to provide any buy out option.But they don't give any written documents on that. So there after i asked to my manager for retention.But he is not agree.The other organization is ready to give the joining without release letter.But if i go to any MNC like TCS,Wipro,Infosys it will be problem in the near future.The current organization can show me as absconded at the time of Back ground Verification.

So what should i do now?
Asked 4 years ago in Labour

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16 Answers

1) First of all don't disclose to any one in your current organization that you have got new job, not to your colleague's or best friends as well strictly prohibited.

2) When you have given resignation letter on medical ground now you submit on more medical certificate in your current organization that one immediate basis your doctor has asked you to take bed rest for atleast 3-6 months and not go to work out of the home.

3) So take relieving letter from HR that you have leave company on immediately and want proper reliving letter plus experience certificate and PF Plus leave benefits.

4) Make all above points in your letter and get signed by HR along with company stamp seal.

5) Still they do not listen to you than tell them that you are going to complaints against company with registrar.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. You shall have to resign giving one month's notice and refusning two months basic pay to your present company as per the employment terms mentioned in your employment letter.

2. Thereafter you can join the new company submitting the copy of your said resignation letter sent as per your employment terms.

3. However, negotiate with your new company to ensure that they accept your joining them after 3 months and give notice accordingly since it will be prudent on your part to leave the present Company smoothly.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1) Now they will not accept your medical ground reason at all unless n until its very serious matters.

2) why don't you ask your new company to join after 3 months or you will not get experience certificate and reliving from current company if they don't have any problem than you can join the company.

3) Your current company has to provide you experience letter and not absconding letter because you have give proper resignation letter and ready to pay 2 months notice period , mention all this in letter.

4) If you have offer letter documents of current company so that we can review and guide you in correct way.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You must serve 3 months notice period

2) if you are not in position to serve the notice period you can exercise buy out option

3) employer cannot deny you buy out options if there is clause to that effect in appointment letter

4) send cheque for shortfall in notice period and join your new employer

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You should never inform your colleagues about your job offers

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. It appears that the present organisation is not going to relive you before 3 months and if that is so then you will have only option is to leave it without relieving letter.

2 So ask your new organisation whether they are ready to induct you without the relieving letter. if yes then just leave your present organisation and join in the new company.

3. This is not going to effect your future career unless the new company also behaves in the same manner and refuses to give you relieving letter.

4. So take steps only if the new organisation is ready to accept you without your relieving letter.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. As per law, the Company can not declare you absconder and if they so declare you you can you can first lodge a police complaint against the MD of the Company for illegally arm twisting/black mailing you forcing you not leave the company.

2. Thereafter you can file a Writ Petition against police inaction (if police refuse to register a FIR against the aid MD) making the MD as the private party praying for a direction upon the police to register FIR, investigate and act as per law based on your complaint and also direct the MD to issue release letter if your complaint is found to be true by the Police after conducting investigation.

3. it will be prudent on your part to avoid any such confrontation with the Management since no MNC will like to employ a litigating employee however justified he might be.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Hello,

Send a letter for serving the notice period and keep the copy of the same...It should be both in soft copy as well as in hard copy...And also serve them the resignation in both form.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

As per rule, you should serve the full required notice period

But,since you have resigned because of health issue, the notice period can be reduced or waived off, depending on the policy in your organization

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir if there is condition in the offer letter then the notice period has to be served otherwise the company can also file for the damages against you on leaving without serving the notice period. So either talk to your present company to relieve on paying for the notice period or you have to serve the notice period and seek extension in future job.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if there is provision of buying note period you can give a letter to company stating that health is not good and you are ready to buy out the notice period as stated in the offer letter and kindly allow same and give you release letter and experience letter.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Even if they are not willing to take the buy out you can nonetheless send the resignation with a cheque covering the notice period pay. This should result in compliance of the contractual obligations cast on your shoulders.

2. Since the other employer is willing to induct you without relieving letter you can join immediately. Thereafter, if you are still not relieved by the current employer then you can sue it in the competent court for full and final settlement which includes the relieving letter.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello

They have stated in the agreement About the notice period. You want to get out early. There is an exit clause. You can and should make use of it. If they do not agree then put them on notice and state very clearly about the clause in the Agreement. If they do not relent then leave the company and state very clearly that you are willing to pay the amount. Talk to the higher ups if the lower management do not agree.

In any case one cannot compel Anybody to work for them.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

You may send your resignation to your employer by registered post citing the clause of resignation by which you are entitled to buy out the notice period by paying the compensation in lieu of the notice period.

You may issue the resignation notice with last date of working and may request the interim period i.e., the date of letter and the last working day as notice period served and for the balance to accept the compensation paid as per service rules and the conditions of the offer letter.

You may accordingly handover the company's assets to your immediate boss under acknowledgment on the last working day and proceed to join the new employer without relieving letter which can be demanded legally at a later date too,.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

I have already told to my few colleagues i have got the job.This was my fault they told to managers.

That will not cause any problem, that is your right.

You may follow the procedure suggested.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

How much organization you will leave like this so my advise is to go smoothly.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

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