Unknown Policy
10 months ago
I am serving a notice period of 3 months in chennai based company & i am located in delhi client location & based on delhi also. In my offer letter it is mention that "You are expected to work with us atleast 2 years". I resigned after 10 months & i haven't recieved my appointment letter also from same. Now they are denying to accept my resignation by saying we have a policy that you need to do work here for 2 years minimum.Nobody tell me this thing earlier or nobody send this policy with T&C. What should i do?..they will give my reliving & experience letter after completion my notice period or not?
A.Dear client,
There should be an exit clause defined in the contract signed at the time of employment stating what you can do in such case.
Generally, if you want to leave the organization within the term of the bond, you need to have the written permission from the employer approving your resignation and/or waiver of the bond.
For instance, if your bond if for 1 year and you want to quit after 6 months, you MUST notify employer via a written resignation and get a written waiver on the bond or approval of resignation and MUST comply with the notice period. The employers usually draft the contracts with the terms favoring the company, not employee and can take a legal action upon breach.
There should be an exit clause defined in the contract signed at the time of employment stating what you can do in such case.
Generally, if you want to leave the organization within the term of the bond, you need to have the written permission from the employer approving your resignation and/or waiver of the bond.
For instance, if your bond if for 1 year and you want to quit after 6 months, you MUST notify employer via a written resignation and get a written waiver on the bond or approval of resignation and MUST comply with the notice period. The employers usually draft the contracts with the terms favoring the company, not employee and can take a legal action upon breach.
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A.Dear Client,
Your query is not clear to respond properly, Once your query says that you haven't received an appointment letter and again you said In my offer letter it is mentioned that "You are expected to work with us at least for 2 years. When your offer letter says for a tenure of at least two years of work under the Company, you tender your resignation on completion of 10 months of work serving a notice period of 3 months which amounted to a breach of contract on the part of Employee and in that case, the employer may deny or withhold your relieving or experience certificate for breach of terms of employment but cannot withhold your dues/salary for the period you worked under the Company before resignation including 3 months notice period. For denial of dues by the Company, you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. Reach out to an Advocate for guidance and steps.
Your query is not clear to respond properly, Once your query says that you haven't received an appointment letter and again you said In my offer letter it is mentioned that "You are expected to work with us at least for 2 years. When your offer letter says for a tenure of at least two years of work under the Company, you tender your resignation on completion of 10 months of work serving a notice period of 3 months which amounted to a breach of contract on the part of Employee and in that case, the employer may deny or withhold your relieving or experience certificate for breach of terms of employment but cannot withhold your dues/salary for the period you worked under the Company before resignation including 3 months notice period. For denial of dues by the Company, you need to file an application before the concerned Labour Court u/s.33C(2) of Industrial Dispute Act, 1947 claiming recovery of dues from the employer. Reach out to an Advocate for guidance and steps.
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