Legal Question in Employment Law in India

Hi, my name is Kailash chandra Dhoundiyal and I work for Inox pvt ltd company based in jaiselmer, I have recently resigned from my organization as I have got a Job in delhi(which is very hard to find in my field) which I was searching for a long time as I belong to Delhi and my parents are alone there after my sister's marriage and also they dont keep well.I have explained this to my manager and told him that I will serve a notice period of almost 30days after negotiating with my new organization and he accepted my resignation and forwarded it to the HR,however Hr replied to me that they will not give me the 'reliving and No dues' if I do not serve 90days saying that it is company policy.however my company policy is:-

*The company may ,at its sole discretion relive you earlier at anytime prior to expiry of notice period by paying compensation for the balance outstanding notice period.*

So i told them i will pay for remaining days and buy the reliving but Hr is still denying the reliving.So, kindly guide me what actions can be taken in this regard as I have tried explaining them my situation that it is critical for me to be with my parents at the old age being the only son,otherwise i would not have left the organization also this is a very rare opportunity and i cant afford to lose this new Job and cant be terminated from my existing company after working for 2.5years an giving 30days notice.

kindly guide.


Asked on 12/15/14, 1:18 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.12.2014

Dear Sir / Madam,

You should go according to the specific clause regarding notice period mentioned in your Appointment Letter since you are bound by it. You should tell your new employer that they can either have you join them at the end of the 30 days notice period and the balance 60 days to be paid by you and claimed from your new employer; else they will have to wait for you till the completion of your serving the 90 days in Inox.

Regards,

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Answered on 12/19/14, 5:32 am


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