Legal Question in Employment Law in India

Hi,

I work in a private firm in India. I want to get relieved from current employer & join another. As per company policy, the notice period they have revised for all & its only one month. Below is the HR policy

"During the period of services, the associate's services may be brought to an end by either side giving one month notice to the other or pay one month salary in lieu of notice.

However, in event of an associate's resignation, the Company in its sole discretion will have an option to accept the same and relieve the associate prior to completion of the stipulated notice period of one month, without any pay in lieu of the notice period or accept the same and relieve the associate after a mandatory period of service based on the criticality of the position held and subject to proper handover of documents and work related materials."

My super boss wants me to serve 75 days here in present company.Here the problem is that I need to join the next employer on time i.e., they have give around 35 days & they cannot extend the date as the requirement is crucial.

Someone please help how to deal this.

Note:- One of my colleague recently escalated to HR , HR head & till CTO level.

But they don't adhere to the policy.

I want to get relived smoothly & do let me know

1. Is there any law in India related to in this regard. If yes, please mention details.

2.If I deal legally what will be maximum time for resolution.

3.If legal process is time consuming please let me know all & best alternatives.

I would be thankful to you.

Regards,

Sameer


Asked on 9/23/13, 9:59 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.09.2013

Dear Sameer,

1. As cited by you, the Company has self-contradictory HR directives which are detrimental and a hindrance to cordial employer-employee relationship. You should cite the prevailing revised HR policy, make a list of Company assets in your possession that you are handing over to the HR Head, and mention your last working date in your letter to the Management, requesting them to settle your dues on the last date of service, and act accordingly. A Company not adhering to its employee policies and procedures, constitutes a "fraud" and each and every Officer of the Company remains liable for penal action.

2. Litigation may only be resorted to if all means of negotiation and settlement are duly exhausted.

3. A "middle of the road" settlement should be aimed.

Regards,

Read more
Answered on 9/24/13, 12:07 am


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