Legal Question in Civil Litigation in India
My colleague has submitted resignation, and as per company terms, notice period is 90 days for sure which is clearly mentioned in his offer letter. he was ready to serve 90 days full and has submitted resignation and management has accepted his resignation. but his manager was not willing to send a mail reply to his resignation. now he served 75 days and another 15 days is left, now his manager is forcing him to serve for another 30 days (which comes to 120 days notice from the date of resignation) saying that there is no backup. the problem here is, he has committed to join in other company, and they are not ready to extent the joining date. so he denied to work for another 30 days, and now his manager is blackmailing him stating that she will not issue relieving and experience letter if he dont serve for 120 days. he complained to HR and HR is helpless. so he proceed legally in this situation?
1 Answer from Attorneys
Leave the company after serving 90 days notice period. By then if he does not give you relieving letter, serve a legal notice. Ultimately, otherwise court has to be approached.
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