Need help on reduced notice period for leaving company
I have been working in top MNC for the past 2 years. I'm in bond/contract for 1 more year (till jul'2016). But as per my appointment letter my notice period is 3 months which can be reduced only on management approval. But I want to reduce my notice period from 3 months to 1 month and will pay my basic salary for remaining months. They are not relieving me in 1 month. and forcing me to stay for 2 months. But I need to join another company in 1 month. If i leave in 1 month anyway, they might hold my relieving letter. Please provide me the solution.
Asked 2 years ago in Labour from Bangalore, Karnataka
1. Your contract period is up to July,2016,
2. It is not clear whether you have given bond by depositing any sum of amount or not which is liable to be forfeited if you do not serve the Company till bond period ends,
3. Has it been mentioned in your service contract that you can leave the Company during the contract period by giving 3 months notice or paying salary in lieu thereof?
4. If yes then you should send the Company your salary for two months through DD,
5. There can not be any term by which the Company can force you to continue even if yoy do not want to. It can ask for payment of the Bond amount of salary in lieu of the balance notice period,
6. You offer to pay them the said amount and ask for early elease,
7. However, try to settle he mater amicably since litigation in our country is expensive and time taking and the law is not employee friendly,
8. It will be difficult for you to get a favourable release order unless you settle the matter amicably.
In service contract, there is no major mention of notice period. However, if I break my bond then I'm liable to pay a sum of Rs 1,50,000. But In appointment letter, there is clause stating that "the notice period is 3 months and if wish to be relieved earlier, then pay basic equivalent for the reduced period, PROVIDED THE MANAGEMENT AGREES TO RELIEVE YOU EARLY". I'm ready to pay a sum of Rs 1,50,000 and also basic equivalent of 2 month notice. But as per the policy the notice period will be reduced only by management. So If i voluntarily resign after 1 month, they might withhold my relieving letter which may give problems in future.
Asked 2 years ago
A. You would better write a mail to the management to get immunity through negotiation from the 3 month mandatory notice period, If no use, you are liable to pay the damages in accordance with the bond.
B. Where there is rule there is a punishment for the breach of the law, you can breach the contract by paying the damages to the management. However, the management has no right to retain even after payment of the damages as per the bond. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.
C. Once you agreed by entering into contract that you are liable to compliance the same. However, you can come out by paying the damages as clinched by earlier point which is conferred alternative remedy in the bond. Thereafter, if your employer intentionally dragging your case to issue relieving letter that you can approach the labour court by issuing lawyer notice to the Management, HR and Reporting Manager.