Hello,
My name is Ravi and i am working with one CRO based in Hyderabad. i have put my resignation and want to serve only one month notice period and two month buyout amount. but our management is forcing me to serve notice period till i find my replacement. otherwise they will not give me reliving letter and experience certificate.
Please find below paragraph in my offer letter.
Can i take any legal action against this?
5. You will be required to give 90 days' notice to terminate this appointment during probation period or after confirmation. The last working day would be decided at the sole discretion of the
Management and in the event of being relieved within the above number of days, the remaining part of notice period days would be adjusted against the existing leave balance or an equivalent of basic salary. The Company, however will have the right to terminate your appointment forthwith onaccount of misconduct, including but not limited to, fraudulent, dishonest or undisciplined conduct, or breach of integrity, or embezzlement, or misappropriation or misuse or causing damage to the
Company’s or Client’s property or breach of the confidentiality obligations.
It is clearly mentioned basic salary then only they are asking me for gross salary.
From India, Hyderabad
My name is Ravi and i am working with one CRO based in Hyderabad. i have put my resignation and want to serve only one month notice period and two month buyout amount. but our management is forcing me to serve notice period till i find my replacement. otherwise they will not give me reliving letter and experience certificate.
Please find below paragraph in my offer letter.
Can i take any legal action against this?
5. You will be required to give 90 days' notice to terminate this appointment during probation period or after confirmation. The last working day would be decided at the sole discretion of the
Management and in the event of being relieved within the above number of days, the remaining part of notice period days would be adjusted against the existing leave balance or an equivalent of basic salary. The Company, however will have the right to terminate your appointment forthwith onaccount of misconduct, including but not limited to, fraudulent, dishonest or undisciplined conduct, or breach of integrity, or embezzlement, or misappropriation or misuse or causing damage to the
Company’s or Client’s property or breach of the confidentiality obligations.
It is clearly mentioned basic salary then only they are asking me for gross salary.
From India, Hyderabad
This portion
"The last working day would be decided at the sole discretion of the Management" is a clever construction of an agreement. Sorry but you have to serve until your management want otherwise. But they cannot go beyond 90 Days.
From India, Kolkata
180"The last working day would be decided at the sole discretion of the Management" is a clever construction of an agreement. Sorry but you have to serve until your management want otherwise. But they cannot go beyond 90 Days.
From India, Kolkata
The mentioning of "sole discretion of Management" is a legal terminology and therefore advising to serve full notice period of 90 days is justified and this has been also accepted by the candidate before taking up the job.
bkmohanty
sr consultant
9937822563
From India, Bhubaneswar
bkmohanty
sr consultant
9937822563
From India, Bhubaneswar
hello! I'm an employee of a private bank in andhra and I'm facing a problem from management since 3 months. due to harassment from my immediate superior i have resigned my job 3 months ago. i didn't serve my notice period of 90 days. i have not asked for salary and experience letter was not issued to me because they didn't provide any appointment letter to me (soft and hard copy) till date (only offer letter with salary breakup details was issued and there is no mention of amount to be paid in case of leaving the job without serving the notice period) stating that they will issue it for the region later. i was informed over phone to join and on the boarding day no copy of appointment or offer letter was given to me. after 1 month of joining also i didn't receive any letter of appointment but was facing harassment from my superior so my last working day was the date of my resignation. even after requesting the management to issue experience letter HR deliberately refused to issue it stating notice period. even after stating that i was facing harassment from my superior i was not considered. He even told me that it will be considered as Termination since i left without serving notice period. so no experience certificate and salary received. now after 3 months they were asking me to pay the sum of five thousand odd after holding my salary. there is no mention of experience letter or grounds like resignation or termination. i was facing severe mental harassment. Can you please tell me how to proceed with it. urgent.
From India, Guntur
From India, Guntur
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