Relieving from Company without serving Notice period - No bond Signed
7 months ago
I am working with a company , In which I have not signed any bond. I m serving the notice period of 1 month but as per company I have to serve notice period of 3 months. When I asked HR for the same he said we have our own policy. Many of my friends get relieved in 10-20 days from system. How to get early relieve from system.
A.Dear Client,
In the prevailing situation, you need to go through your offer letter that governs the relationship between an employee and employer. In the absence of, a specific stipulation in the offer letter, a verbal communication revising the policy of the company in r/o notice period is not applicable or enforceable and binding on the employee who tendered his resignation following the condition of the offer letter and accordingly on expiry of the notice period, the employer is dutybound to issue you relieving letter and F & F Settlement dues. When your colleagues were relieved earlier without serving the notice period, the denial of your request is discriminatory and arbitrary in nature which sounds like victimization and unfair labour practice on the part of the Employer. So, on cessation of employment after the expiry of one month's notice period, if the employer takes any arbitrary action against you, then if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such a discriminatory/arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
In the prevailing situation, you need to go through your offer letter that governs the relationship between an employee and employer. In the absence of, a specific stipulation in the offer letter, a verbal communication revising the policy of the company in r/o notice period is not applicable or enforceable and binding on the employee who tendered his resignation following the condition of the offer letter and accordingly on expiry of the notice period, the employer is dutybound to issue you relieving letter and F & F Settlement dues. When your colleagues were relieved earlier without serving the notice period, the denial of your request is discriminatory and arbitrary in nature which sounds like victimization and unfair labour practice on the part of the Employer. So, on cessation of employment after the expiry of one month's notice period, if the employer takes any arbitrary action against you, then if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then for such a discriminatory/arbitrary action and unfair labour practice, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for redressal of your grievance. Otherwise, you have to file a civil suit before the Civil Court for appropriate relief in the matter. In case you need any legal assistance in this regard, you may contact our legal team for the purpose with relevant papers
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A.Dear Client,
If you have not signed any bond or employment contract that specifically mandates a longer notice period, and your company's official policy allows for a one-month notice period, then it is typically legal and acceptable to resign after serving the one-month notice as per your company's policy.
In such cases, you can follow the company's prescribed notice period and resign without concerns about legal repercussions. Make sure to communicate your resignation professionally and in accordance with your company's processes.
However, if there is any uncertainty or ambiguity regarding your notice period, it is always a good idea to seek clarification from your HR department or refer to your employment documents to confirm the exact terms of your notice period.
If you have not signed any bond or employment contract that specifically mandates a longer notice period, and your company's official policy allows for a one-month notice period, then it is typically legal and acceptable to resign after serving the one-month notice as per your company's policy.
In such cases, you can follow the company's prescribed notice period and resign without concerns about legal repercussions. Make sure to communicate your resignation professionally and in accordance with your company's processes.
However, if there is any uncertainty or ambiguity regarding your notice period, it is always a good idea to seek clarification from your HR department or refer to your employment documents to confirm the exact terms of your notice period.
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A.Dear Sir,
If company owe any amount to you then you can come out of the job and they cannot do anything.
If company owe any amount to you then you can come out of the job and they cannot do anything.
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