Legal Question in Employment Law in India

Notice period policy ruining my career and I fixed !!! plz help?

I am in INDIA !!

I am working in X company from last 3 years and I got offer letter from company Y and need join in one month than I resigned from company X with notice period of 1month but HR is saying (Verbally)me that they will not give me acceptance letter or relieving letter or experience as I need serve 3 months.

In my offer letter it is clearly written that 1 Month notice period has to given before leaving from the job. After completing 2 years 3 months they have given one notice to all employees that notice period policy is changed ��A senior person with more than 2.1 years with either X company shall give a three month advance notice to the HR manager in writing indicating his/her intention to resign and even company will give 3 months for the layoffs. ��

But no one has singed on that policy even I have not signed on that notice not any bond any negative offer letter is given to employees for 3months.

I have resigned 18days back but till now HR is not responding to any of my querries and not giving acceptance letter and verbally she is telling that I have to serve three months notice.

Also in past 6 months around 8 employees have left the job and they have not received any acceptance letter or relieving letter or experience letter or PF amount. and company X is not giving any feedback for resigned employees like this they are ruining everyone�s career.

I have spoke to all high authority and discussed many options but they are not giving me any option to leave in one month and I also told that I am ready to buy two month notice period they have not agreed for that.

My questions are

1. Is company can hold employees forcibly for work like this?

2. In offer letter it is only 1 month notice period and after 2.3 years they just pasted one notice on board and sent email. Is this is legal?

3. What legal action I can take to leave company with all that documents and with final settlement.

4. Is there any court or department which can work on this and provide me justice?

All your answers will help me to come out of this bottleneck issue.


Asked on 6/12/11, 7:02 pm

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

send them a legal notice for now

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Answered on 6/13/11, 11:08 am

Just look into the offer letter for any condition relating to buy out of notice period. if its there u can ask for buy out.

yes ujala is right you can send them a legal notice, but before advising you we have to peruse the correspondences, appointment conditions in the appointment letters.

Regards

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Answered on 6/14/11, 12:24 am


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