Refused to relieve from present job
I have been working for a PSU Bank since November 2010. Now I got a better offer from a private institution and they want me to join before 21st Feb 2016. As per my present service terms and conditions I have to give three months notice period. Hence I put my resignation letter on 30th December 2015 and announced my last day of work as 31st January 2016 and also willing to pay next two months notice period salary. But my HR manager is saying that I have to work till 31st March 2016 and they are not going to relieve me before that at any cost.
I also want to mention here that the permission for extension of joining period from the private institution I want to work with is also quite difficult.
Kindly advise me what to do.
Asked in Labour from Bhubaneswar, Odisha
You have not mentioned presence of any clause in your contract/appointment letter to` compensate the notice period with salary.If it is so, then you've have to fulfill your terms as per the contract signed by you ie; three months from the date of serving notice.
1) If your notice period is three months and you are serving one month's notice the PSU Bank is at liberty to deduct from your last salary two months basic salary and accordingly settle your account.The HR manager can not refuse to relieve you.
2) What you can do is to issue a legal notice to the HR Manager and his reporting authority stating that they will be held criminally liable for illegally withholding the relieving and any other loss you may incur. Demand compliance in 7 days.
3) Engage a lawyer immediately to get the legal notice sent to the HR.
1. Your saying that you will pay the next two months salary will not do,
2. You shall have to send a DD to the Bank towards the salary in lieu of two additional month's notice,
3. After that regularly follow up with the HR department for issuing release letter to you since you will require the same for joining your new organisation,
4. Meantime, also negotiate with the new company and explore the possibility to extend your joining date by two months.