Legal Question in Business Law in India

I am working for a BPO and want to join another company as i am getting better offer .I am working with my current company from past ten and a half years I have already put down my papers two months back and am serving a notice period I have put down my papers on 5th April 2014 and my last working day is 2nd June 2014,My new employer has asked my to join by 27th May I am willing to pay the 7 days difference to my present company but they are not ready to release me ,So if I go absconding will I loose my gratuity? is there any clause which supports me for a payout option and if not is there any legal step i can take?


Asked on 5/18/14, 12:17 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.05.2014

Dear Sir / Madam,

No, the Company cannot withhold your Gratuity, simply because you did not complete serving a negligible portion of the notice period. Opting for paying a portion of the notice period is the standard prevalent industry practice. With a long standing service of over 10 years, it is important that you part ways with your present Company in a positive peaceful way. You should clearly tell them that you have fulfilled all your responsibilities of handing over to your next in line, and that you are required to do justice in your new employment of understanding and taking over charge in the new Company that you are to join..

Regards,

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Answered on 5/18/14, 2:17 am


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