• Employer not relieving early with buyout option (as per contract)

Dear Sir/Ma'am,

I have resigned on 21-Oct-2015 with the reason of separation given as 'Family reasons and my parents' prevailing heath issues' and requested to relieve me by 20-Dec-2015. But my manager did not consider my request and asked me to serve 90 days of notice period.
Now, during this period, unfortunately my father's health deteriorated and got hospitalized with a minor heart attack on 20th Nov, 2015.

Subsequent to this, I wrote (via email) to HR head and my manager that I need to move back to my homeplace to take care of my family and parents and hence to relieve me by 15th Dec 2015, submitted the relevant hospital reports and informed that I am ready to pay the basic salary in lieu of the remaining days of notice (excersizing the right to do so as given in the notice period clause of appointment letter).

But, despite of all that, the HR and Manager not ready to relieve me and asking me to take leaves and/or go on Leave without Pay, saying that they will send the relieving letter on your last day after completing notice period of 90 days.(verbal communication)

Meanwhile, I got another offer in Delhi/NCR , which I am taking as an opportunity to stay with family and parents. But the new employer asking me to join early within December, 2015 else the job offer will stand expired.

I have not informed the current HR about his job offer because they will possibly try to retain me intentionally after hearing about the same.

All I am expecting is a proper relieving with clearing all the dues and full & final settlement as per my rights.
Please advise & suggest the possible legal ways in order to get relieved by 15th Dec, 2015.

Thanks,
Tapish
Asked 1 year ago in Labour from Mumbai, Maharashtra
1) under terms of your appointment letter you have to give  90 days notice 

2) management has rejected your application to leave within 60 days . 

3) dont make the mistake of joining another organisation within your notice period 

4) if you do so they wont give t you the relieving letter 

5) take leave without  pay if you want to visit your home town 

6) if there is a notice clause in your appointment letter there is a clause that you can  pay the basic salary in lieu of the remaining days of notice  management cannot force you to serve 90 days 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
Hello,
1) You can send a legal notice to the Company seeking the relieving letter stating the reasons for your resignation and that if you are not given the relieving letter you will miss out on opportunities of taking up employment where your parents live and that the company shall be held responsible for such loss.

2) There is no legal reasons for the company to withhold the relieving letter when you are complying with the requirements.

3) Alternately be honest with the  company in Delhi/NCR  that your relieving letter is being withheld for reasons you have stated and seek time for the relieving letter to be submitted.

4) You may negotiate with the the current HR telling him frankly about the new opportunity that will help you to be by your parents. If that does not help proceed with the legal notice.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
If you have given a two month notice and are willing to pay the salary of one month the employer is bound to issue the relieving letter. The employer is within the periphery of his right to withhold the issue of relieving letter till the notice period is completed. If the relieving letter is not issued after the completion of the notice period then issue a lawyer's notice to the employer and if it is still not issued then move to civil court through a lawsuit.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1)it is at the discretion of management to accept payment in lieu of shortfall in notice period 

2) the management had already commmicated it's decision to you .sndng  letter by posy won't be of any use 

3) you can't force  management to give you relieving letter 

4) don't send any legal notice . It will further aggravate the situation
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1. Since you are willing to pay the salary equivalent to the remaining notice period the employer cannot legally bind you to serve the notice period.

2. Communication by email is very difficult to prove in the court. So send a hard copy your resignation through registered post.

3. If even after the written resignation your employer withholds the relieving certificate then issue a lawyer's notice to him which can be followed, if necessary, by filing a lawsuit against it. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
The company by not yielding to pressure is taking a protection under the provisions of this clause:
the company in its sole discretion will have an option to accept the same and relieve you prior to the completion of the stipulated notice period of 3 months, without any pay in lieu of notice period."

1)  Since you have already sent your resignation, you may just wait for the confirmation.  How did you send your resignation? whether by email or by registered post, if you have sent by an email, just mentioned that and send a reminder by registered post stating that you have already sent your resignation and want to get relieved on ....date, and ask them to confirm the same.

2) The above answer is applicable to this question too.


3) You should not met them in person.  The manager and the HR are just another employee of the organisation, the MD or the chairman will be the decision making authority.  You can escalate the issue to the top level management if the HR is not conducive.

 
4)  Until you are not properly relieved fro the previous company, you are supposed to be on the rolls of the previou company, so there is nothing that the HR will relieve you on 15 Dec by asking you to go on  leave. This cannot be treated as relieving letter. 


5) You can issue a legal notice, if the company is not relieving on the stipulated time, you may proceed legally against them claiming compensation for the loss you suffered by dragging them to the consumer forum.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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