Dear Cite HR Members and Friends,
Thanks for all the answers you people provide to the issues asked by different people.
Hi, I am Ankur and working with a MNC as Marketing Engineer and have resigned recently after completing 2 years in the same organisation. I have the joining letter as well as the acceptance of the resignation letter.
But now the employer is asking me to stay for complete relieving period and i am willing to serve short notice period along with the salary in lieu of the balance tenure.
Top Managment of the company says if i wont stay for complete period then they are going to file a legal compliant stating that i had tried to breach the information to other competitors and customers.
Basically they dont want to relieve me since they are short of man power.
Is it possible for any employer to do this and in case if possible, then on what grounds.
Please help me out.
Regards,
Ankur Aggarwal
From India, Faridabad
Thanks for all the answers you people provide to the issues asked by different people.
Hi, I am Ankur and working with a MNC as Marketing Engineer and have resigned recently after completing 2 years in the same organisation. I have the joining letter as well as the acceptance of the resignation letter.
But now the employer is asking me to stay for complete relieving period and i am willing to serve short notice period along with the salary in lieu of the balance tenure.
Top Managment of the company says if i wont stay for complete period then they are going to file a legal compliant stating that i had tried to breach the information to other competitors and customers.
Basically they dont want to relieve me since they are short of man power.
Is it possible for any employer to do this and in case if possible, then on what grounds.
Please help me out.
Regards,
Ankur Aggarwal
From India, Faridabad
dear ankur your employer is worng and legally you are correct as per terms and condition of appointment letter . no one cn hold your resignation. tks j s malik
From India, Delhi
167From India, Delhi
Hi Ankur,
Your employers are right in a way and wrong in another:
1. The right to accept payment in lieu of short notice remains with the employer and they are correct in asking you to serve the full notice period.
2. Having said that, the method they are adopting for forcing you to serve the notice is incorrect.
Your Options:
1. Contact your prospective employer and explain your situation to them. Ask them if they can give you some more time to join, afterall no employer would want their staff to leave on short notice, they should understand.
2. Refer a friend to your current employer who can take-up your job: in this (soo called) recessionary period, you would be doing some good to both an unemployed friend and your current employer!
3. Talk to your manager/supervisor explain to her/him why the new job is important to you and how it could affect your future plans.
Good Luck,
Neeraj K Singh
From India, Mumbai
Your employers are right in a way and wrong in another:
1. The right to accept payment in lieu of short notice remains with the employer and they are correct in asking you to serve the full notice period.
2. Having said that, the method they are adopting for forcing you to serve the notice is incorrect.
Your Options:
1. Contact your prospective employer and explain your situation to them. Ask them if they can give you some more time to join, afterall no employer would want their staff to leave on short notice, they should understand.
2. Refer a friend to your current employer who can take-up your job: in this (soo called) recessionary period, you would be doing some good to both an unemployed friend and your current employer!
3. Talk to your manager/supervisor explain to her/him why the new job is important to you and how it could affect your future plans.
Good Luck,
Neeraj K Singh
From India, Mumbai
Dear Friend,
You should also take into consideration the Terms of Contract of Employment that you have signed with the employer. Mostly Indian Companies ask for a notice period of 1 to 3 months during within which the employee and employer can cease employment. However if you are ready to pay the notice period due to them then they cant hold you back.
Remember its important to leave on a good note, hence offer to train your replacement and promise a smooth transition.
Good Luck Buddy!
Regards,
Girish.S.
From India, Delhi
You should also take into consideration the Terms of Contract of Employment that you have signed with the employer. Mostly Indian Companies ask for a notice period of 1 to 3 months during within which the employee and employer can cease employment. However if you are ready to pay the notice period due to them then they cant hold you back.
Remember its important to leave on a good note, hence offer to train your replacement and promise a smooth transition.
Good Luck Buddy!
Regards,
Girish.S.
From India, Delhi
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