Legal Question in Employment Law in India

Hi Sir,

My name is Dipan Chatterjee, and I am service as an Assistant-Manager in one of the India's renowned company.I have joined here on March-19th.

However from that time, the company do not have any proper work to assign. We just simple come and go back.

Now I want to leave from this company. My notice period says that it is 3 months in probation as well as after confirmation. As per the new opportunity which I got I have to join there within 1 month. my current employer is not negotiating and denying to release me in one month, when am ready to pay the two month basic salary, as per my offer letter.

My current employer is saying it is not possible because they have some pact with the end client. The very next day one of the other manager called me and asked me to go for a different project for a different client. I asked the question to my employer, that "how come they are asking me to take a different project now, and what about the billing issue with the existing client"??

1--My question to you, I don't need any relieving letter or any salary settlement.

2--After I serve one month and can I terminate my position from the company. There is nothing pending from my side.

3--Will there be any legal implications to it.


Asked on 8/28/12, 9:41 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

03.09.2012

Dear Dipan,

Your present employer cannot forcibly hold you back on any legal grounds when you are willing to serve a month's notice and pay the remaining two month's notice pay to the Company.

01. Put it in writing to the HR Department of your Company copied to your immediate boss, that you will only serve one month's notice period and pay the remaining two month's salary to the Company. Also state in you letter that you will not be held responsible for pending work on the new project which the Company is asking you to undertake and you will hand it over in whatever stage it is on your last working day.

02. Make a list of all Company owned property that you are handing over to the HR Department and obtain an acnowledgement for it.

03. Three days prior to completing the one month's notice period, handover the cheque for the remaining two month's notice pay to the HR Department and obtain their acknowledgement.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 9/03/12, 7:45 am


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