• Reporting manager not relieving

I got new opportunity and asked me to join with in one month. I current company 2 month notice period need to be served. when i asked (oraly)  my reporting manager casually agreed to relive in 1 month. when it comes to near  to relieving date he asked for formal letter. i gave. back dated resignation letter with in one month notice. But he rejected and later he hold my salary too. when i requested he demanded me to give 2 months notice with current date. in unavoidable situation i gave. after that i went for 4 days and discontinued. i got  call from my reporting  manager and asked reasons for not reporting to office. i said i am not willing come as i upset then he threatened me to see my end.

then i received a mail from HR, said legal action may be taken.

kindly help me what should i do.
Asked 1 year ago in Labour from Hyderabad, Telangana
1) terms of appointment letter are binding upon you .

2) you have to serve 2 months notice period 

3) if you refuse to serve company can sue you to recover salary in lieu of notice period 

4) they will not give you relieving letter and experience letter 

5) you may be declared an absconder 
Ajay Sethi
Advocate, Mumbai
46822 Answers
2769 Consultations

5.0 on 5.0

Your notice period of 2 months would begin from the date of resignation. Contract of employment becomes sacrosanct after it has been executed. Since you violated the contract you are liable to be sued for damages on account of breach of contract. Make peace by offering the salary of notice period lest you get entangled in a long drawn legal battle which may be disastrous for your career.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

You should not have taken the issue very casually.

If you had decided to quit thecompany what prevented you from sending your resignation letter in advance along with the notice period?

As per the employment conditions you may be required to serve the notice period which is mandatory or can even buy the notice period accordingly.

If you dont do that the company may terminate your services and declare you as absconding.

They may give an adverse report agaisnt you which may affect the new employment.

handle the situation carefully so that you dont spoil your career. 
T Kalaiselvan
Advocate, Vellore
36975 Answers
403 Consultations

5.0 on 5.0

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