Hi Sir/Madam, I am working as an IT professional in a company. When I joined the company, I was a fresher and didn't know much about HR policies. My current company is my second company. I left the first one after 8 months as they were downsizing their services division and suggested employees look for other opportunities. I got the relieving letter from there two days after my last working day. With that relieving letter, I joined my current company in October of last year. They made me sign a commitment agreement for one year with a fixed amount of money to be paid if I left within that time. I worked diligently and sincerely during this time and even got awarded multiple times for the same. I completed a one-year commitment in October this year and resigned as I am getting a better opportunity. The company also has a notice period of two months in the same commitment letter. At the time of joining, I was told that if I leave during the committment period, I will have to pay the bond amount and also two months of notice. Now, they are saying that I need to serve two months notice even after the bond period is done. I am getting a far better opportunity now that can be very much crucial for my career and one for which I have worked very hard. I also need to join it as my family requires additional monetary support for dealing with emergencies. I have requested that I want to buy out my notice period for one month which is permitted under their policies. They agreed to it earlier on a call. But they were deliberately delaying any discussions regarding the last working day for the past 10 days. After 10 days, they sent an email citing project dependencies that they can't leave me before two months. In addition, they are asking me to reject any offer I am getting. The company has also attempted several times before to extend my bond period through various tricks and the management is known to make exits difficult. Earlier, they forced me to remove the attributes in LinkedIn saying its required for some project for which they needed to show modified experience credentials. They said for two weeks but then the LinkedIn restriction went on for more than 2 months so that I don't get any other opportunity. They are also saying that I can't take any of my left leaves during this time as a deterrent to me attending any interviews and are not giving compensation for the past days when they made me work on weekends. A few people have left recently due to this work environment. The HR also told me that they will release the relieving letter after 45 days minimum after the last working day. I am trying to negotiate with them but I want to know the legal recourse available to me if they keep forcing me to work and deliberately delay my exit so that I miss out on any other potential opportunities. This is seriously affecting my other employment prospects as I am not able to tell the other potential employers a final joining date.
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The terms of appointment letter are binding upon you
2) as per terms of your appointment letter you have to serve 2 months notice
3) it is at discretion of company to waive notice period and accept salary in lieu of notice period
4) if you do not serve notice period company may not give you experience/relieving letter
5) litigation is long drawn and expensive proposition in india
If you have decided to quit this company you should inform your decision in writing and communicate the same by a resignation letter which will include the resignation intimation through email correspondence.
In your resignation letter you clearly and categorically state your last working day as well as to compensate the company with monetary value for the remaining period of notice and demand the settlement of full and final payments which should include leave encashment for the unavailed leaves, relieving letter and experience certificate.
You can wait until the last working day mentioned in the resignation letter after which, if the company is reluctant to comply with the demands made, you may take legal recourse by first serving legal notice and then follow the matter through labor law.
If there is an option to buy out the period then that must be utilised. They have to honour their agreement. You have served the bond period with diligence. You should have given notice after 10-11 months. Anyways send them a legal notice stating the law and the agreement and ask them to either accept your resignation or it will be deemed.
Send them a legal notice and join other company. If any pending notice period remains buy the same
Send a legal notice to your employer to forthwith relieve you after allowing you to buyout one month notice period. If there's no positive response, complain against your employer to the jurisdictional Chief Labour Commissioner for his intervention in the matter and setting it in your favour.
- 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.
- Hence, if you have already worked for the notice period , then you are free to joint other company,
- Further, the last working date will be the date of resignation ,however the company cannot take any legal action against you if you left the company after giving resignation , and maximum the company can take notice period amount from you.
You can contact me, if further suggestion needed.
Dear client I am sorry to hear that but in this case you made give a notice to your company and leave the company after the expiry of the notice more over you can amicabley resolve the situation by asking your superior to give the appropriate document what ever it is in order to leave the organisation
