Hi,
I am working in Ltd. Company & I have resigned from the company on 7th Dec 10 without giving the notice to the company & as per my appointment letter it was declared that i have to serve Three months notice or three months salary to the company.
But my new employer wants me to join the company as soon as possible due to which i haven't serve my notice to the company & resigned.
Now my previous employer wants me to serve my three months notice else they would take a legal action against me being absconding from the company.
As I need to settle all my dues to the company without serving a notice period & I also having a 1 lac impress amount belongs to the company for the maintaining the day to day expenditure. As i don't want to handover this money back to the company because if I did so they will not settle my dues & deduct all the pending amount as my notice to the company.
Kindly advice how should I settle this issue so that my whole dues & Pf will be cleared from the company.
Thanks & Regards
Vishal Tandon
From India, Mumbai
I am working in Ltd. Company & I have resigned from the company on 7th Dec 10 without giving the notice to the company & as per my appointment letter it was declared that i have to serve Three months notice or three months salary to the company.
But my new employer wants me to join the company as soon as possible due to which i haven't serve my notice to the company & resigned.
Now my previous employer wants me to serve my three months notice else they would take a legal action against me being absconding from the company.
As I need to settle all my dues to the company without serving a notice period & I also having a 1 lac impress amount belongs to the company for the maintaining the day to day expenditure. As i don't want to handover this money back to the company because if I did so they will not settle my dues & deduct all the pending amount as my notice to the company.
Kindly advice how should I settle this issue so that my whole dues & Pf will be cleared from the company.
Thanks & Regards
Vishal Tandon
From India, Mumbai
Subject - Resignation
Hi,
I am working in Ltd. Company & I have resigned from the company on 7th Dec 10 without giving the notice to the company & as per my appointment letter it was declared that i have to serve Three months notice or three months salary to the company.
But my new employer wants me to join the company as soon as possible due to which i haven't serve my notice to the company & resigned.
Now my previous employer wants me to serve my three months notice else they would take a legal action against me being absconding from the company.
As I need to settle all my dues to the company without serving a notice period & I also having a 1 lac impress amount belongs to the company for the maintaining the day to day expenditure. As i don't want to handover this money back to the company because if I did so they will not settle my dues & deduct all the pending amount as my notice to the company.
Kindly advice how should I settle this issue so that my whole dues & Pf will be cleared from the company.
Thanks & Regards
Vishal Tandon
From India, Mumbai
Hi,
I am working in Ltd. Company & I have resigned from the company on 7th Dec 10 without giving the notice to the company & as per my appointment letter it was declared that i have to serve Three months notice or three months salary to the company.
But my new employer wants me to join the company as soon as possible due to which i haven't serve my notice to the company & resigned.
Now my previous employer wants me to serve my three months notice else they would take a legal action against me being absconding from the company.
As I need to settle all my dues to the company without serving a notice period & I also having a 1 lac impress amount belongs to the company for the maintaining the day to day expenditure. As i don't want to handover this money back to the company because if I did so they will not settle my dues & deduct all the pending amount as my notice to the company.
Kindly advice how should I settle this issue so that my whole dues & Pf will be cleared from the company.
Thanks & Regards
Vishal Tandon
From India, Mumbai
Hello Vishal Tandon,
First & foremost, you should have thought of this 3 month Notice period stipulation BEFORE you resigned--NOT now.
And now you held-back the Imprest amount--if you want to play it dirty, why are you surprised that the Company is playing it the same way you did? By doing this, you have only strengthened the Company's stand that your intentions were not fair/straight. And moreover it's illegal.
When your Appointment letter says the notice period is 3 months, did you check-out with the new company if they can buy-out the notice period? Many Companies do it--pl check it out. But pl remember that it's NOT mandatory--it's done on a case-to-case basis. But since you seem to have already joined them, not sure if it will work for you now.
At this point of time, I think the only option you have is to FIRST return the Imprest money--irrespective of what happens to your dues. NEXT talk to the HR & resolve the matter amicably ASAP. Prima-facie, they have good legal case--something to make you run around the courts for years--going by the way Indian courts way of functioning. If this does go to the courts, your present job may also be in trouble.
Rgds,
TS
From India, Hyderabad
1637First & foremost, you should have thought of this 3 month Notice period stipulation BEFORE you resigned--NOT now.
And now you held-back the Imprest amount--if you want to play it dirty, why are you surprised that the Company is playing it the same way you did? By doing this, you have only strengthened the Company's stand that your intentions were not fair/straight. And moreover it's illegal.
When your Appointment letter says the notice period is 3 months, did you check-out with the new company if they can buy-out the notice period? Many Companies do it--pl check it out. But pl remember that it's NOT mandatory--it's done on a case-to-case basis. But since you seem to have already joined them, not sure if it will work for you now.
At this point of time, I think the only option you have is to FIRST return the Imprest money--irrespective of what happens to your dues. NEXT talk to the HR & resolve the matter amicably ASAP. Prima-facie, they have good legal case--something to make you run around the courts for years--going by the way Indian courts way of functioning. If this does go to the courts, your present job may also be in trouble.
Rgds,
TS
From India, Hyderabad
I completely agree with TS. This type of practise is not at all advisable. Please sort out asap.
From India, Delhi
From India, Delhi
Dear TS,
I fully agree with your point but my company having a that kind of attitude that they can sack us any time but no body can leave them like this & they always try to harras the employees like this only that is why they had made a termination clause of three months notice 0r salary.
As no company will wait for you for three months they can only wait upto one month in that case i will miss my opportunity.
I had a talk with my Hr Personal but they don't want to negotiate & want me to serve the notice for three months & as of now it is not possible for me. As far as my new employer I had briefed them about this scenario before I had join this company & they are agree with me & they don't want the relieving letter from my previous employer.
Kindly advice
Thanks
Vishal Tandon
From India, Mumbai
I fully agree with your point but my company having a that kind of attitude that they can sack us any time but no body can leave them like this & they always try to harras the employees like this only that is why they had made a termination clause of three months notice 0r salary.
As no company will wait for you for three months they can only wait upto one month in that case i will miss my opportunity.
I had a talk with my Hr Personal but they don't want to negotiate & want me to serve the notice for three months & as of now it is not possible for me. As far as my new employer I had briefed them about this scenario before I had join this company & they are agree with me & they don't want the relieving letter from my previous employer.
Kindly advice
Thanks
Vishal Tandon
From India, Mumbai
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