Legal Question in Employment Law in India

Hi,

Due to family problem, I resigned from home and opted to serve the notice period from home. my employer rejected this after which I decided to buy out the notice but again the same has been rejected. Currently I am being forced to go on leave for few days and then join the office for serving the notice period.

The latest policy mentioned on the company site says:

In case the either party (employee or the Oracle) wishes to terminate service with Oracle, the party is required to give a minimum of one month's notice.

However, in case the either party wishes to end the service earlier, the party should pay the lieu of the short notice given.

Also I do not remember the clause mentioned in the employment agreement which I signed as the agreement was immediately taken back by the company and no duplicate copy was provided.

Also my HR has said that in case of not serving the notice period, the company will take legal action.

Based on my case, I would like to know if I can also take any legal action against the company


Asked on 3/20/14, 12:06 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.03.2014

Dear Sir / Madam,

People who go around in circles will be known as "wheels". You are caught in the same situation. In the same manner that the employment agreement was signed and immediately taken back by the Company, and no duplicate was provided to you, in the same manner, if you already have another job ready. you should resubmit your resignation to the Company by email to your reporting boss, copied to the Head-HR stating your last working date therein.

Let the Company then try to execute their "hollow" threats of taking legal action against you.

Regards,

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Answered on 3/21/14, 9:20 am


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