Legal Question in Employment Law in India

I am working in a s/w company and I have got a central govt of India PSU job. The govt PSU have asked me to join within 20 days from the date of offer of appointment. But my company insisted on 3 months notice,

I 've requested for extension of joining date from the HR officials in PSU and they accepted to give 1 month extension.But the s/w company still insists on serving 3 months notice. HR official in PSU say that If i did not join the PSU my offer of appointment will be given to waiting list candidates. I have already served 1 month notice period and I daily keep asking for early release from HR officials in S/w compny but in vain. Even they are not ready to agree for notice buy out. I am bench resource with no work assignments. Still they insist to serve for 3 months notice.

I have mentioned that I am working in a s/w company during intrvw so the PSU is asking for reliving order from the company to have a clean sheet against me.

Please provide me suggestion and legal advise to this problem.


Asked on 6/25/16, 3:52 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.06.2016

Dear Sir / Madam,

You have no other choice but to request the PSU to allow you to join without the release order by clearly explaining all the circumstances to them. The existing Company cannot force you in anyway whatsoever to compulsorily serve the full three months notice period. You have rightly requested them to adjust and deduct the salary (basic pay only) for the notice period not served by you and pay and settle your full and final settlement dues on the last working day. If they fail to comply, straightaway lodge a Police complaint for cheating against the Company.

Regards,

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Answered on 6/25/16, 4:16 am

1) If the T&C of the appointment stipulate only Notice period and not payment in lieu of salary,

then u have to comply or request the Company to accede to ur request and relieve.

2) Or u hv to seek time from PSU to join late in the circumstances.

3) U hv no case against the Company and cannot force them. Go and meet the MD personally

to relieve u accepting salary in lieu of notice.

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Answered on 6/25/16, 4:30 am


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