Legal Question in Employment Law in India

I have a problem with the resignation process in my current org. I have submit my resignation on 24th March, 2015 and request to release as early as possible. The letter also received and acknowledge by my IS. But after discussing the matter with my IS and also with HR dept. till today 15th April, 2015, their answer are I have to stay the 3 months notice period. In my joining letter it is written " After confirmation, termination of employment by either party will be by giving three months notice in writing to the other or salary in lieu thereof. In the event of your giving notice of termination shorter than the above period, the company shall have its own discretion to adjust any leave due to you or recover you such amount from your due towards the shortfall in the notice period." According to that I have request them to adjust my all leave(89days PL) or prepare to submit salary of unserved notice period. But they does not agree. Now I have to released by 18th April, 2015 due to the joining to the next. Kindly suggest me what to do, because the Reliving letter and experienced certificate is valuable to me for future.


Asked on 4/15/15, 1:15 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

15.04.2015

Dear Sir / Madam,

You have to decide whether you want to take up the new job and join the new organization on the date you have committed to them i.e 18th April, 2015. In that case you should intimate to the existing Company that your last working date is from the close of office hours on 17.04.2015 and request the Company for full and final settlement of your dues on the last date and request the Company to issue you the Service Certificate.

Regards,

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Answered on 4/15/15, 2:49 am


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