I am working for an organization for several years. I have dropped the paper after getting the offer letter from another company and they have given me the notice period of 1 month. In my Offer letter it has been mentioned that "After completing your 24 months of service level agreement either side can get the relieving with 1 month notice or paying salary in lieu there of".
I have completed my 24 months of service level agreement and my Organization is not releasing me within 1 month. Can i sue the company as this is going against my contract and is becoming legal HR issues. Tell me with the explanation as in what action i can take from my side.
From India, Mumbai
I have completed my 24 months of service level agreement and my Organization is not releasing me within 1 month. Can i sue the company as this is going against my contract and is becoming legal HR issues. Tell me with the explanation as in what action i can take from my side.
From India, Mumbai
You are within your rights to sue the organization for the inappropriate act.
However, it is advisable to take a common sensical approach and address a letter to the Senior management of your Company informing them of the situation. Thereafter, if no action is forthcoming from them issue an Advocate's notice to the Company.
Best regards,
Dipen
From India, Pune
However, it is advisable to take a common sensical approach and address a letter to the Senior management of your Company informing them of the situation. Thereafter, if no action is forthcoming from them issue an Advocate's notice to the Company.
Best regards,
Dipen
From India, Pune
Dear Alwar,
I hope i have forgotten something to mention in here :
My current organization is telling me to serve a notice period of 2 months by any means.
Now please do reply me with proper explanation. And its not about leaving organization with bitter mood. Its about Justice. I am not playing any games in the middle of the street, its related to my career and unfortunately i take it seriously. i will certainly take it seriously if i will loose the upcoming opportunities.
Now if you have to say something tell me with proper explanation and with logic in legal terms. For your kind information i believe in logic only.
Thanks and Regards
Vendetta!
From India, Mumbai
I hope i have forgotten something to mention in here :
My current organization is telling me to serve a notice period of 2 months by any means.
Now please do reply me with proper explanation. And its not about leaving organization with bitter mood. Its about Justice. I am not playing any games in the middle of the street, its related to my career and unfortunately i take it seriously. i will certainly take it seriously if i will loose the upcoming opportunities.
Now if you have to say something tell me with proper explanation and with logic in legal terms. For your kind information i believe in logic only.
Thanks and Regards
Vendetta!
From India, Mumbai
Dear V!! You are absolutely right that you are not required to serve for more than a month. The employer has no legal right to enforce a two month notice period. The relation between you and the company is based on the contract of service signed by the parties. What is provided therein only can be enforced. It cannot go beyond such terms. Since the terms provide for one month notice both the parties are bound by it. So forcing a two month notice runs counter to the service agreement and is hence illegal. For such illegalities you can seek compensation to the extent of actual loss suffered under the Contract Act.
This logic should help you!!!!
Regards
KK
2This logic should help you!!!!
Regards
KK
Dear Vendetta,
Don't do anything without thinking...... If your company don't give you a notice.... you give them a notice of one month...... & Mention in the notice as under......
As our agreement is completed, I would like to draw your kind attention on para_____ of the agreement relating to notice period. Kindly consider this letter as my notice of one month and I will not come to the office from dt.__________.
And as far as case/suit is concern...... jo bhi karna he unko kar ne do...... there are already more than 3.5 crore cases pending in various courts of India....... ek aur sahi...... why are you wasting your money, time and energy...... just give them a notice and start working in another company after completing of the notice period. No need to give a two months notice at all................
From India, Bombay
Don't do anything without thinking...... If your company don't give you a notice.... you give them a notice of one month...... & Mention in the notice as under......
As our agreement is completed, I would like to draw your kind attention on para_____ of the agreement relating to notice period. Kindly consider this letter as my notice of one month and I will not come to the office from dt.__________.
And as far as case/suit is concern...... jo bhi karna he unko kar ne do...... there are already more than 3.5 crore cases pending in various courts of India....... ek aur sahi...... why are you wasting your money, time and energy...... just give them a notice and start working in another company after completing of the notice period. No need to give a two months notice at all................
From India, Bombay
I am very much agree with Mr. Deepan. First u write simpally a letter to Top management with request. madhukar
Hi
i believe serving notice of 2 month would be fullishness. and filling case would also be fullishness. Because both are wastage of time. This is examination of your intelligence. See i heve also fased the same problem in my last organisation but u know we r in private job.we wants to grow by changing our job. You try to make them understand that this nt right. if still they r nt able to understand then leave them right away.
Regards
Suman
From India, Gurgaon
i believe serving notice of 2 month would be fullishness. and filling case would also be fullishness. Because both are wastage of time. This is examination of your intelligence. See i heve also fased the same problem in my last organisation but u know we r in private job.we wants to grow by changing our job. You try to make them understand that this nt right. if still they r nt able to understand then leave them right away.
Regards
Suman
From India, Gurgaon
Hi vendantta,
I think if your agreement is already over, is it the need for you to stay, is there a automatic renewal clause in your agreement after 24 months, if yes, tell them as per clause____, i am tendering resignation of one month and this will be my last wkg day.
If there is no renewal clause, just goooo.
Pertaining to your new employer, tell them you were wkg with them on contract basis, and as per the verbal discussion, becoz it was not a permanent employment, with efflux of contract my agreement is over, and i am free to work anywhere else.
One more thing, no one can force you to work, if you have decided to quit giving a formal notice. So just relax and take it in your own stride.
Regds
Preeti
From India, Delhi
I think if your agreement is already over, is it the need for you to stay, is there a automatic renewal clause in your agreement after 24 months, if yes, tell them as per clause____, i am tendering resignation of one month and this will be my last wkg day.
If there is no renewal clause, just goooo.
Pertaining to your new employer, tell them you were wkg with them on contract basis, and as per the verbal discussion, becoz it was not a permanent employment, with efflux of contract my agreement is over, and i am free to work anywhere else.
One more thing, no one can force you to work, if you have decided to quit giving a formal notice. So just relax and take it in your own stride.
Regds
Preeti
From India, Delhi
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