Legal Question in Employment Law in India

I left my company after serving the notice period of 1 month and I bought out the remaining 1 month notice period. I was told by the HR verbally that they dont have any notice period buy out policy and i was not given any acceptence of resignation i was told that i will get my releiving letter after 45 days however in order to join the new company i need to submit the acceptance of the resignation. i am ready to pay the recovery amount anow but still the HR team is not ready to give me acceptance of my resignation on my appointment letter it is mentioned that "any party could break the employment contract with 60 days notice period or salary for that period in lieu however company can force the employee to serve the complete notice period". I understand this clause but the company forces the employee to serve the notice period if any task or project which was assigned to the employee is incomplete. When I left the company I did not have any task or project in my hand. Please advice me how can I force them to provide me my acceptence of resignation.


Asked on 7/19/15, 9:08 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

19.07.2015

Dear Sir / Madam,

First and foremost, the new Company that you are joining should not be insisting upon you to furnish them an acceptance copy of your resignation. In common parlance, no such formal acceptance of resignation is required. A copy of your email to the HR copied to your immediate boss is sufficient evidence for you having served your resignation. The clause in your Appointment Letter inserted by the Company stating that the Company can force the employee to serve the complete notice period being one sided, is frivolous, null and void, and legally invalid. Legally, the Company is legally liable to pay and settle your full and final settlement dues on the last day of your notice period and to issue you a Service Certificate.

Regards,

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Answered on 7/19/15, 9:53 am


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