Dear Sir / Mam I have resigned from my current company which got accepted by my HOD with CCmarking to HR. Now my employer saying that your HOD is serving notice for 3 months which will end on 31st marc'19 he cannot accept. i said that i didn't nay information in writing by him or any one so how i acn know about his resignation? As per appointment letter my notice period is 3 months or lieu pay 3 months gross salary , i am serving notice period for 20 days & ready to pay the balance gross salary . but my employer threating me & forcing me stay more than my 20 days . My question that can do any legal against me ?
Please reply to my question on phone [deleted] or [deleted]
1) it is at discretion of employer to waive the notice period , to accept salary in lieu of noitce period
2) you have to serve 3 months notice period as per terms of your appointment letter if employer refuses to accept salary in lieu thereof
3) if you refuse to do so company can declare you as absconder
you have to seek phone consultation if you want reply on phone
See if your resignation is accepted and if HOD still is in position then your resignation is valid and your employer cannot deny same
Further see if your are not serving the notice period the employer can recover the amount for 3 months he Dan serve you legal notice and can further file suit but cannot force you to work.
Sir , they are forcing me. I am ready to pay gross salary.
as mentioned earlier it is at discretion of management to waive the notice period and accept salary in lieu thereof
you cannot force company to accept salary in lieu of notice period
You can serve employer legal notice and then can leave the company
1. Since your bond states that you have to serve notice period then you are bound by it;
2. Also, you can buy out your notice period by surrendering the three months salary;
3. Maximum the company will send you a legal notice for compensation;
4. The company will not approach the court because the civil matters take alot of time to get disposed of;
Dear Client,
Employee cannot be force to work against his wish, height est can be done, pay in lieu of notice period.No legal action against you.
No if your have choice to buy your notice period then they can't raise any issues.
Since your resignation has been initially accepted by the company, you may send a notice to the company seeking the mode of payment of the compensation amount in lieu of the notice period and the amount to be pid. Let them give a reply for which you can give a legal notice based on their initial acceptance of the resignation and also invoking the clause for this mentioned in the employment offer letter.
The reply has been furnished here, if you want to have it over phone then book a phone consultation with any of the advocates here and get the answer.
If you are ready and willing to pay the compensation in lieu of the notice period, you may indicate the same in your notice demanding relieving letter and F&F settlement.
Dear Sir,
As per agreement you both are bound. At the most you can claim amount in respect of remaining period of notice period. You may approach Labor Commissioner and resolve the matter. Now just join the new company without making any issues with old employer.
At first, They can not force you.
Next, you HOD under servicing period is none of your business legally, that is their issue. so your company can not force. Check with your local lawyer and send legal notice.
