Hello Sir, I am working at a software company since last 4.5 + years, I had signed a bond for 2 years which is completed in 2018. I have resigned recently and my company have rejected my resignation with the reason of pending project. I am ready to serve 2 months/60 days of notice period, of which I have informed in my resignation. Also In this pandemic situation I am working from home since March. So they have now made official announcement to serve notice period from office location only and have accepted my resignation after 23 days of resignation and forcing me to relocate to the city where my office is, as I am working from my hometown since lockdown. I have no accommodation anymore at the city where my company is. I have 18 Paid leave that I may be able to utilize. Please help they are not at all to cooperate. Thanks!
If you have given proper resignation than no need to worry about it. Kindly send them termination clause photo copy of the employment agreement that you must have received at the time of joining.
Plus keep all emails draft saved for future reference. You can ask them relieving letter and experience certificate.
You are only obligated to serve the notice period or any bond period if any signed by you. If you have done the same you can join another organization.
What they are doing is illegal and they are trying to harass you. Ask them to either give you work from home as is the norm or relieve you.
If they don't then send them a legal notice and file a case against them.
Please Email to HRD and HOD of your company stating the facts mentioned in the post and warn them of legal consequences if your resignation is not accepted as per terms of appointment.
Company can insist that you report to office for service of notice period
2) you can take flat on rent
3) you should try for amicable settlement if you want experience and relieving letter
1. you are not bound to complete the project,
2. you can give a 60 days notice period as per the agreement,
3. you have to serve the company from the office location to reduce the legal complications, however, you can use your leave,
4. you can also challenge the company's official announcement, though it will be complicated and time consuming,
Well, the service conditions is determined by the mutual contract and any particular condition can not be pressed as a matter of right.
Refer to any written communication or verbal agreement to find out the length of time for your work from home faculty.
If its their discretion to cut short this facility then you can not complain.
You are entitled to use EL.
There is no need to complete the notice period from the city,visit once to the office on the pretext to move clearance certificate and thereafter complete the notice period from the home , don't take paid leaves as they will be en-cashed,why to go for a loss, don't discuss with any one what you are going to do, then after completing the notice period which shall be counted from the date of resignation, claim your legal dues.
File a specific performance suit against them for accepting your work from home clause for servihg notice period
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, better serve the notice period only , and tender your resignation with the request of issue experience certificate , and dont take tension of the bond .
You can leave with the option to serve noitce period from home only. If company do not agree, can leave forthwith.
The tortures of company under such situation have become common across the country.
Especially if the employer wants to wreak vengeance against such employees who are trying to leave the company, they may impose such restrictions.
Since you have already tendered resignation and also the same has been accepted, you may inform about the payment of compensation for the remaining notice period which you cannot serve and send this communication by registered post or courier service instead of corresponding with them through email alone.
You need to attend the notice period from office as a legal requirement of attending the office to mark your attendance.
Simply serve your notice period of 2 months and then stop going to office and ask for full and final settlement.
Dear Sir/Madam,
You are suggested to communicate the things openly to the company and ask for the permission for work from home.
Make a formal written representation to your HR in line with terms and conditions of your appointment letter and offer to serve balance notice period from your house and complete hand over formalities physically on completion of the notice period and take F&F settlement.
If they fail Issue notice appending the above, and seek for settlement, relieving and also experience letter etc.