Legal Question in Employment Law in India

Hello ,

I have been working with MNC since July 2008. Now I had put my resignation on 18th Nov and requested to relieve my by 5th dec, I am giving 16 days of Notice period.

As per my offer letter mentioned �After the period of probation, either party is free to terminate the services by giving two months' notice in writing or by payment in lieu of such notice. "

Now I am agreed to pay whatsoever the short fall in notice , But company is forcing me to serve 2 months. Even till now they didn't accept my resignation and replying that , they will not relieve me

I have some serious family issue. My parents are both 65+ age and they are under treatment due to major disease.

Due to this unavoidable circumstances , I had to leave as early as possible which is essential for me & my family.

I don't have any bonds with the company.

Now could you please advise me is the behavior of the company is Legal..? and how to deal with that

Regards

Biswajit Sarkhel


Asked on 11/22/14, 5:03 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.11.2014

Dear Biswajit,

When the terms and conditions in the Appointment letter clearly mention two month's notice or salary in lieu thereof, the Company cannot compel you to forcefully serve the entire two month's notice period. You should simply write to the Company that you will pay up the remaining 42 days notice period amount (18.11.2014 to 05.12.2014 is equal to 18 days served) comprising of your basic pay only, citing the reasons to the Company that you have personal family issues to attend to. If the Company does not relieve you on the 05th and pay your final settlement dues, you can complain against the Company to the local Labour Commissioner.

Regards,

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Answered on 11/23/14, 4:36 am


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