Legal Question in Workers Comp in India

Hi this is in reference to my previous question "I work for an MNC and according to my contract letter I have to either serve a notice period of 2 months or pay the basic salary for the notice period if I am unable to serve one. I have to leave the company and I cannot serve the notice period however I am ready to buy it back by paying the applicable amount of basic salary in lieu of the notice period. Now my supervisor is not allowing me to resign by stating that notice period will not be bought back in my case and I will have to serve a 60 day notice period. They are threatening me to terminate me in case I don't serve the notice period and are also saying that no relieving/experience letter will be given to me. Can I challange that in court?"

I have received the answer and I have asked my new employer if they need my experience letter from the previous employer. They are not ready to waive that for me and hence I do require the relieving letter. Now my current employer is not providing me with that stating that since I am not serving the notice period they will terminate me and hand me over a termination letter instead. I am very worried as I dont want to spoil my career and credentials. Do I have the right to sue the company if they do so? If yes what all docs should I get as a proof of my truth and loyalty? Please help.


Asked on 6/08/13, 3:05 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.06.2013

Dear Sir / Madam,

You ought to explain to your new employer that the present employer is not giving you the relieving letter since you are joining the new organization without serving the notice period. You are caught between the devil and the deep sea. You should tell your new organization that they would have to wait for two months for your joining if they are insisting on the relieving letter from your present employer. You do have a legal option to sue the Company.

Regards,

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Answered on 6/09/13, 3:06 am


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