No legal remedy to company, you can leave forth with. Even if you will serve up to 26th, employer will certainly hold your payment. So better join of 28th
Employment agreement
Hi I joined a company I'm 2019 and now I want to switch as I am not comfortable with the work environment but we have signed a 1 year compulsory employment contract. I have got another opportunity and I have put my notice period and will be working upto 26th Oct 2019 since my joining is on 28th Oct. But the director is now saying that he would go legal also he is asking me to serve 1 month but that is not possible. He is asking for a replacement and I have to give it within 10 days what do I do
Asked 6 years ago in Business Law
12 Answers
You have to serve the notice period as per terms of your appointment letter
2) you can offer salary in lieu of notice period but it is at discretion of management to accept salary in lieu of notice period
3)ask your new employer to extend joining date
Dear Sir,
The company cannot take any action beyond notice period. You are ready to serve notice period as such if they launch any other legal proceedings against you they cannot be sustain under law. Nothing to worry. Just come out the company and send a legal notice to the company to complete exist formalities, failing which threaten them to launch suit for compensation for mental torture and others.
Simply ignore your employer illegal demand.
Give your resignation letter and get it received by your office.
Join new job as per your convenience.
Your employment term itself is illegal. Not having any sanction of law .
You can tell him to deduct one months basic as notice period for the same
Replacement is not option is not for you don't have HR in the company.
You can pay one month basic pay as lieu notice period.
You are free to join new company no one can deny you.
unfortunately you are not on probation and you have already signed a binding contract with your employer company
therefore these is nothing which can be done legally
you can also request your present employer to relieve you
you may consider waiving off your pro rata salary for the period for which you served your present company as a consideration against your relief by the company before the agreed notice period stated in your contract
See as per the agreement you need to.serve notice period in case you fail to serve the notice period then company can recover damages that is one month salary from you though in case you have given notice in last month and will.also be completing one year at same time he cannot take any step against even if file he won't succeed.
- As per the Specific Relief Act , if an employee quits before the Notice period the Employer can only recover the Notice pay , and no employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.
- Hence, you can leave the present job after giving notice or payment in lieu of notice. The company cannot force you to serve the entire notice period.
As per the terms of your appointment letter and employment agreement you are required to serve a complete one month notice period effective from the date of resignation. In case, you do not serve the notice period, you have to pay the organization a complete one month's salary.
He cannot force you to work with him if you are not comfortable.
Leave the company and grab the opportunity you have in your hand.
He can only make you pay basic salary of one month notice period.
You can pay the compensation for the notice period, the director cannot say that he cannot accept the compensation if that is mentioned in the employment offer letter as a condition.
No legal action will be maintainable, hence you may tender your resignation and proceed with your original plans to quit the company, if he sends any legal notice, you may give a proper reply notice as per the prevailing circumstances.
