Job - no promotion or increment Job - no promotion or increment

6 months ago

Hi sir
My name is Santosh sutte.
I have worked in g4s secure solution last 12 years.
But no promotion or increment.
So I have decided to change job.
So I have join other company.
I have done last duty in g4s 10/10/2013.
I am on leave 15 days
I have joined new company 13/10/2023.
But I have no resign 1st company.
So suggest me what to do.
Because I can't complete 1 month notice period.
Also my bonus is due in November 2023.
So please suggest me what to do.
Thank you

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Appointment, recruitment, promotion, transfer etc all these activities were carried on by respective establishments as per the well-established policy made out considering a variety of factors and following the principle of natural justice. Promotion to a higher grade or position cannot be claimed as a matter of right. Above all, it is the prerogative of the promotion committee to decide who is to be promoted for a vacancy or not following the well-established policy of the Company. When you leave your previous company without any information or following the terms or contract of employment and join another company that amounts to a breach of contract and also makes you liable to face disciplinary or legal action from the ex-company apart from pecuniary/financial loss. Moreover, in the absence of a relieving letter from the previous company where you spent the last 12 years, when you join a new company you may face worse consequences in the course of background verification(BGV) usually carried out by many organizations in order to verify the information provided by the candidate during hiring. In case of a negative background verification check an employer can even terminate the employment of the candidate already hired by them. So, in the prevailing situation, considering the overall implications, try to resolve the matter with your ex-company amicably, Since, you have completed 12 years of service in your ex-company, you are eligible for payment of Gratuity under Sec.4(1) of the Payment of Gratuity Act, 1972 even for breach of contract or terms of employment which is not coming under the purview of Sub-Sec. 6 of Sec.4 of the Act that defines the grounds for forfeiture of gratuity along with other service-linked benefits from your ex-company. On your demand, if the ex-company denies gratuity and other service-linked benefits, then reach out to the office of the concerned Labour Commissioner who is the Controlling Authority under the Payment of Gratuity Act for filing an application claiming gratuity from the ex-company.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear
Speak with the Human Resources department of your previous company to discuss your situation, explore the possibility of negotiating an early release from your notice period and be aware of any legal implications that may arise from not completing the notice period
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