Legal Question in Employment Law in India

Hi,

I am working in a company where notice period is for 3 months, and i have came across an opportunity where i have to join wihtin 30 days. I am ready to pay the shortfall in notice period but the HR and the manager is not agreeing on the same and they are threatning me that if i will not serve the complete notice period they will give negative remark on my relieving that i haven;t completed the knowledge transfer phase. Where as i have already transffered knowledge to other team member and i have the confirmation emails from him as well. But HR and manager is saying they will give this remark becasue of billing loss as they dont have anyone for the billing purpose.

Please advise.


Asked on 3/19/15, 6:37 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.03.2015

Dear Sir / Madam,

It is a normal prevalent practice that an employee is entitled to resign from the services of the Company by giving ___ month's notice or salary in lieu thereof to the Company. In these circumstances, the Company or any of its officials cannot compel you to forcefully serve the notice period. You should inform and convince your new employer that since your existing Company is angry and upset that you are not serving the notice period, they are wrongfully giving you an adverse relieving report which should be overlooked and ignored by your new Company. You should simply write a covering letter enclosing a cheque in the name of the Company comprising of the basic pay for the notice period not served by you, and send it by Registered AD to the Company.

Regards,

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Answered on 3/20/15, 9:39 pm


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