• Termination of employment contract by employee

As per employment contract either party is to give 60 days notice period before termination of employment contract else pay salary for non serving of notice period. Employee terminated contract and gave notice period of 30 days notice period and for balance non serving notice period ready to pay salary but employer is not ready to relieve on the plea that employee has not handed over the assignments handled by him however as per actual facts, employer has taken all handover before leaving the organisation. Please suggest the remedy for the same.
Asked 3 years ago in Civil Law from Delhi, Delhi
Since the contract provides for a notice period of 60 days from either side the same remains sacrosanct. As per the facts furnished the employee is willing to purchase the notice period of 30 days in addition to the 30 days notice given by him. A lot hinges on the contract of employment in such a case. 

There has to be a threadbare perusal of the clauses mentioned in the contract of employment to ascertain whether the employer can refuse to give the relieving letter on the ground that the assignments given before the notice period have not been completed by the employee. Unless and until there is an express mention in the contract to the effect that the assignments started before the notice period have to be completed it is legally not permissible for the employer to withhold the relieving letter. 

For the employee the legal remedy begins by serving through his lawyer a legal notice on the company demanding the relieving letter be issued to him. If the legal notice proves futile then litigation can be initiated before the Labour court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0