• Early Reliving from Company.

Hello Sir/Madam,

My husband has got a job opportunity abroad and I will also have to move along with him. I am working in a service based organisation and once our Visas were in place, I resigned but my current organisation has 3 months notice period but I would be able to serve only one month notice period. 

I asked my manager and HR that I am willing for a buy out option but they refused it. I also asked that if the company have any opportunity for abroad, I am ready for it but they are not responding on this too. 

Since I am working for their client, right now I do not have any work and no dependency, upon expressing my concern they took no step and now they are not releasing me as well. 

I am not allowed to carry my laptop abroad as per HR, it would be a compliance issue but I have my travel planned in December. I would be able to serve my notice period till November end.

My manager and HR are not at all cooperating and they are threatening me that if I go without completing my notice period they would mark me as Absconding and I would not get any service letter from them.

I will not be able to service the entire notice period.
Request you to please help and guide me on this on if a company can force like this and how to get my service letter in this case if they are not co-operating

As I would be looking for other opportunities abroad, not getting service letter and seen as an Absconder would hamper my career. 

Thanks
Bhawna gupta
Asked 13 days ago in Labour

7 answers received in 1 day.

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8 Answers

- 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, the said company cannot force you to work for the notice period , If you have already tendered your written resignation , then send the amount of notice period for the period which you don't want to work

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Send them a legal notice and file complaint with labour commissioner office

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Best option for you is to settle the dispute amicably with employer. Any harsh move will further escalate the matter. You do have legal remedies through civil Court bur court proceedings takes years and it will also spoil you name in the market.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

If you have decided to resign your job and also feel that you will not be able to serve the entire three months notice period, you send the  communication in writing to the employer informing your decision to quit the job through this resignation letter, which may be sent by registered post with acknowledgment card. In the same letter you may mention your last working day and inform that you will be compensating the company in lieu of the remaining notice period beyond the date of the last working date as mentioned therein. 

You can hand over the company's assets to the immediate superior one day prior to the last working day and stop attending the company  beyond the last working day.

The company cannot force you to work for the entire notice period neither they can take any legal action on this if you have clearly expressed your willingness to compensate by paying for the remaining notice period.

Notice period buy-out is a clause in an employment contract that allows the employee to terminate their contract and leave the company immediately, usually in exchange for a payout.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

If the company does not want to honor the notice period, you can approach the labor court.

You should avoid sending the communication to the HR or the employer by emails. 

You resort to physical writing and hand over the letter in person or sending it by registered post if the HR refuses to accept the same in person.

After this you stop attending the office beyond the last working date as mentioned in the resignation letter. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You have to serve the notice period as per terms of appointment letter 

 

2) it is at discretion of company to waive notice period 

 

3) if you fail to serve notice period company can declare you as absonder 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

it is in your interest to serve notice period obtain reliving letter from your employer 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

- If you have already tendered resignation then send a notice for getting Relieving letter 

- Attach the amount of notice period for which you have not worked. 

 

You an contact me , if further suggestion is needed. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

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