Legal Question in Employment Law in India

I have worked for Hyatt hotels from 15th July 2009 up to 30th November 2012 (3 years and 5 months), before giving my resignation letter I had taken my annual leaves for medical reasons (have medical reports to support this reason) while I was on my leaves I accepted an offer from my current employer who did not give me enough time to serve my notice period (have emails to support this). When I informed my reporting manager about this, he told me that he will call me back to discuss this and never returned my call and stopped picking up my calls. After 2 days I managed to speak to him and he told me that I have to serve the notice period as the GM of the hotel is not agreeing to my reasons of not serving the notice period. Now I contacted the HR manager and he asked me to write a formal resignation letter. After this I again called my reporting manager to advise me what date could he relieve me as I had to sort out my accommodation in the new city. He never replied back to me and therefore frustrated, I demanded for On spot clearance to which I did not receive a reply for 3 days on the 4th day my reporting manager replied saying that the company needs my experience and service as Dec 2012 is critical for the company and asked me to serve 1 month notice period I requested my reporting manager, HR Manager (HRM) and Director of HR (DOHR) for clearance and requested them to buy my notice period however they never replied on any such emails till date. I approached the hotel personally and for 4 days went to the HR Office. During these days that I visited the HR I also managed to speak to the DOHR who told me that he will give me clearance but cannot assure me a rehire, he also asked me to come back tomorrow for clearance but he went on leave for 2 days after 2 days the HRM never allowed me to approach the DOHR and told me to resume duties and after 2 days they will tell me when will be my last working day to which I completely objected and the HRM raised his voice and told me that I should never call or approach the hotel for clearance however can come to work. I have detailed follow-up emails in this regard. Kindly advise if there are any Laws that can help me obtain my clearance and work experience certificate.


Asked on 1/07/13, 7:37 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

07.01.2013

Dear Sir / Madam,

Please call up the Office of the Asst. Labour Commissioner at 1, Kaul Bldg., Gurunanak Nagar, Shankar Sheth Rd., Pune on 026351461 for speedy redressal of your grievances.

Regards,

FCA Prashant Chavan

Mumbai

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

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Answered on 1/07/13, 10:03 am


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