Current Company is not relieving early and not ready for Buy out option
4 months ago
I have resigned from my current company and my new company is ready for buying out 2 months of notice period out of 3 but current company is not ready for reliving early.what else i can do to relieving early.
A.Dear Client,
In the absence of a buyout policy of notice period in your current Company they have not agreed to your request for early relieveing from service on resignation. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period. So, considering your career prospect which an employer cannot ignore following the principle of natural justice, 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 after serving a legal notice to the Company, reach out to the concerned Labour Commissioner office for filing a complaint against the Company over alleged arbitrary and unfair labour practice to redress your grievance. Otherwise, you have to file a civil suit against the Company seeking appropriate relief.
In the absence of a buyout policy of notice period in your current Company they have not agreed to your request for early relieveing from service on resignation. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. The law states that an agreement (employment bond) will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period. So, considering your career prospect which an employer cannot ignore following the principle of natural justice, 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 after serving a legal notice to the Company, reach out to the concerned Labour Commissioner office for filing a complaint against the Company over alleged arbitrary and unfair labour practice to redress your grievance. Otherwise, you have to file a civil suit against the Company seeking appropriate relief.
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