My office isn't giving me early relieving at all.
They are saying that I need to complete 90 days notice mandatorily. They aren't even ready for me to pay in lieu of my notice period.
I have to join a college for my higher studies starting in next 10 days and the result came two weeks ago and I need to join the college for my higher studies.
Clause from appointment letter-
"Either party has to provide 1 month (30 days) notice or salary in lieu of notice in case of termination of
services during probation period. On confirmation of the services after 6 months, either party has to provide 3 months (90
days) notice or salary in lieu of notice in case of termination of services. The Company reserves the right to recover salary in
lieu of the notice period. Upon acceptance of your resignation, the Company may at its discretion relieve you from such date
as it may deem fit even before the expiry of notice period without compensating for the expiry of notice period and without
compensating for the unexpired period and is not bound to give any reasons thereof. "
What remedies I have at my disppsal
From India, Delhi
They are saying that I need to complete 90 days notice mandatorily. They aren't even ready for me to pay in lieu of my notice period.
I have to join a college for my higher studies starting in next 10 days and the result came two weeks ago and I need to join the college for my higher studies.
Clause from appointment letter-
"Either party has to provide 1 month (30 days) notice or salary in lieu of notice in case of termination of
services during probation period. On confirmation of the services after 6 months, either party has to provide 3 months (90
days) notice or salary in lieu of notice in case of termination of services. The Company reserves the right to recover salary in
lieu of the notice period. Upon acceptance of your resignation, the Company may at its discretion relieve you from such date
as it may deem fit even before the expiry of notice period without compensating for the expiry of notice period and without
compensating for the unexpired period and is not bound to give any reasons thereof. "
What remedies I have at my disppsal
From India, Delhi
The appointment order or the termination clause of the same is one sided. Therefore, if you go legal the same will not be maintainable. It is true that at the time of joining you should have signed the same as agreed to the terms and conditions but if you challenge it with genuine reasons, the court or the officer in charge of the dispute redressal mechanism of the labour law, ie, the Industrial Disputes Act, will allow your early relieving. Even if you are not a worker coming under the purview of the said Act, right to education being a fundamental right the demand of the employer to service 90 days' notice period will not be maintainable. Therefore, write a letter to the employer stating that you are leaving because you have got admission to XXXX program and the classes would start on DDD and you should be relieved accordingly. If they do not agree to it, just send a copy of the same letter to the Labour Officer with a request to interfere and quoting that your appointment order was one sided and you were under compulsion at the time of joining to sign the same as accepted. You should also mention that you are leaving not to take any employment but to pursue an academic program.
From India, Kannur
4249From India, Kannur
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