Reg: Company forcing to serve complet notice period buyout
I have a query the facts of which are mentioned below:
• I have resigned through system w.e.f 29 January 2016. My resignation has been accepted on 10 February 2016. My actual relieving date is 27 April 2016 as per the terms of offer letter (reiterated below)
• I wish to get relieved by latest 20 March 2016 (proposed relieving date) since I have a new better opportunity with me. I have kept a buffer of one week and can extend my last working day upto 27 March 2016. I have offered my organization payment in lieu of notice as regards the portion of the notice period not served. I also have paid leave balance of 22.5 days to my credit.
The terms of my offer letter are:
Notice period definition as per the offer letter:
In case either the employer or the employee wishes to terminate the employment contract, a notice of 90 days should be served in writing by the party who wishes to terminate the contract to the other party. The company depending on the business context and its sole discretion may allow you to pay the equivalent of the Total Fixed Cost (TFC) amount in lieu of any period and/ or adjust notice period against your leave balance subject to satisfactory handing over of charges to your supervisor.
• I have provided complete sign regarding my KRA over mail to my supervisor and I am sitting idle
• My role has been partly dissolved and for the other part a replacement has been hired w.e.f 14 March 2016 well before my proposed relieving date
• I have dropped mail(s) requesting them and even have verbally pleaded to them 3-4 times. I have been transparent and have disclosed them the name of my next employer and the opportunity which I am getting under bonafide intention
• My HR is not objective and is supporting the opinion of my line manager
Despite this my line manager and my HR head is willing to relieve me early and are saying it is at the discretion of the company. They are giving me assignments which are to begin after my proposed relieving date. I have received a mail from my HR head that I need to serve the complete notice period
Since the employer is not ready to give me an early relieving, what legal remedy is available to me? I need a relieving letter in order to join my next organization. How can I get a relieving letter through legal remedy?
Please note that I have kept one week as buffer with me and I can serve my current employer upto 27 March 2016.