I have submitted by resignation on 17-Dec-18. And as per my contract-- "Similarly you may resign from the service of the Company by giving two month's notice in writing out of which one month is mandatory serving period and one month can be adjusted by paying salary in lieu thereof. However, management may, at its sole discretion, waive off the one month mandatory period." My reporting manager (boss) says that waiving off salary for 30 days is as per management decision and is not under my discretion. I have proposed to serve for 30 days mandatory notice period (ending in 16-Jan-19) and get my salary waived off for remaining 30 days; but he told me to serve till 1st Feb'19 (44 days). Please tell me if it is legal to hold me back after 30 days when I am ready to pay my salary out. I have an offer from my dream sector company at 35% hike and I don't want to lose it.
No from the language of agreement you just need to serve 30 day notice and for rest 30 days you can pay or adjust salary so in such situation company is wrong in asking you to stay later then 16 jan if you are ready to adjust your salary.
Serve a legal notice along reminder stating the clause and reminding of resignation letter and seeking full and final pay and the experience letter the company shall take do needful donot worry otherwise compensation can be claimed from them.
The clause is very clear that waiving the period of notice is the discretion of the management, therefore agitating over the decision of manager to hold you beyond the mandatory notice period may not fetch you any fruitful result instead it may backfire and your dreams about a better career may be shattered.
You can make a humble request to the top level management about this and get away with the crisis peacefully.
Any legal action that you may intend to initiate may backfire and it will stretch the issue more further and due to this legal tangle you stand losing an opportunity.
Think well and take wise decision at right time.
Not mandatory. You can leave after mandatory period of 1 month
1) You go as per what is written the offer letter or employer-employee agreement. No its not legal to hold back.
It is at discretion of employer to waive the one month notice period
2) you cannot force employer to waive the notice period
Talk to your current HR and your Reporting Manager and request them to reduce your notice period.
If step one fails, talk to the organization that has offered you and explain to them that your present organization will not relieve you in 30 days despite your best efforts
When there is a discussion of management that is not in your hand so incase you are getting better opportunity then it is advisable that you have to pay 1 months notice salary that is equal to one month notice period you are serving now and leave the organisation normally in these cases if you don't have any good will be the management they don't do any favour.
Now this is up to you to decide that how you want to move ahead with this your appointment letter is a binding document for you and in case you are not following the company may not follow the appointment conditions
Dear Client,
AS per Indian Law, you cannot be force to work against your wish and entitle to waiver of notice period in lieu of one month pay.
Company has no option expect to retain your experience certificate and other resign term benefits which you can claim through labour commissioner.
There are two things one is that first you ask you new company to extend your joining period if they are not agreed then you simply give in writing to your present company that you wants to leave immediately and paying one month's salary in lieu off, nothing is illegal.
