My Son resigned from one famous IT company after working 4 years (As per contract : 90 days is notice period) with request to release him from service after serving 30 days. He requested that he is agreeing to pay remaining 60 days amount of not serving notice period time. This is his first job from college campus selection and now want to switch for his career and growth.
His manager and Skip manager does not accept his resignation but forcing him to work till full notice period days. Meanwhile he overloaded him with tasks that not going to be completed within 45 days even. If he serves full notice period, he will be losing offered job of a company giving him 100% hikes and good career growth. My son is young innocent guy and now is under big stress and depression.
Kindly help and suggest what are the employee's rights in this situation if he does not want to serve full notice period days and what the legal aspects and impacts can be.
From India
His manager and Skip manager does not accept his resignation but forcing him to work till full notice period days. Meanwhile he overloaded him with tasks that not going to be completed within 45 days even. If he serves full notice period, he will be losing offered job of a company giving him 100% hikes and good career growth. My son is young innocent guy and now is under big stress and depression.
Kindly help and suggest what are the employee's rights in this situation if he does not want to serve full notice period days and what the legal aspects and impacts can be.
From India
Your son should first speak to the company who have offered hin job. If that company is ready to wait for 3 months, then it is good. The basic issue is with the relieving order, and no employee especially one who has worked for 4 years would like to lose it. Another issue is with regard to background verification. Now a days background verification agencies act like detectives investigating some crime. They wish to highlight all the negatives rather than the positives of the candidates. Moreover, the background verification is taken not only from the immediate employer but from all the past employers. This will lead to much more complications in future.
Even if the new company say that they don't mind getting any the relieving order from the existing company, in future, non availability of relieving or service certificate will become a big issue. Therefore, the only solution is an amicable solution. There are legal solution for this. There is no law which says that an employee should serve 3 months' notice to leave an organisation. Even for the employers to terminate the contract of employment with an employee the notice period prescribed under the Industrial Disputes Act is just 30 days. 90 days notice from the employer is applicable to factories to which Chapter VB will apply. An IT company will not come under that chapter. Moreover that provision is for the employer and nowhere it is said that an employee should give notice. But many establishments compel the employees to give notice or serve notice period. That is illegal per se. But no body will go for any legal battle because it will bounce back on him only. Therefore, in such scenario the employee concerned is forced to remain with the employer, burdened with heavy the work load. In a way it is bonded labour only. But fear of background verification and employers negative feedbacks through employers' association force the employees to abstain from filing any complaint against such harassment with the law enforcing officers. Therefore, my suggestion is if your son is employable, he will get job, and the employer will be ready to wait for 90 days. If he firmly says that he needs 90 days to complete the tasks assigned to him in the present company, and without completing he cannot leave as such, he will get time to join. Please try that way.
From India, Kannur
4248Even if the new company say that they don't mind getting any the relieving order from the existing company, in future, non availability of relieving or service certificate will become a big issue. Therefore, the only solution is an amicable solution. There are legal solution for this. There is no law which says that an employee should serve 3 months' notice to leave an organisation. Even for the employers to terminate the contract of employment with an employee the notice period prescribed under the Industrial Disputes Act is just 30 days. 90 days notice from the employer is applicable to factories to which Chapter VB will apply. An IT company will not come under that chapter. Moreover that provision is for the employer and nowhere it is said that an employee should give notice. But many establishments compel the employees to give notice or serve notice period. That is illegal per se. But no body will go for any legal battle because it will bounce back on him only. Therefore, in such scenario the employee concerned is forced to remain with the employer, burdened with heavy the work load. In a way it is bonded labour only. But fear of background verification and employers negative feedbacks through employers' association force the employees to abstain from filing any complaint against such harassment with the law enforcing officers. Therefore, my suggestion is if your son is employable, he will get job, and the employer will be ready to wait for 90 days. If he firmly says that he needs 90 days to complete the tasks assigned to him in the present company, and without completing he cannot leave as such, he will get time to join. Please try that way.
From India, Kannur
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