I am working with a private limited company since 10 months. since last four months salary is getting delayed by 15 to 20 days every month. It has become to difficult to handle my financials due to delayed salary. I have got offer from another company and i have resigned from the current company. As per company policy notice period is 3 months but i have only given them 1 month notice. Now they are forcing me to serve 3 months notice. I have told my company that i am ready to buy out my remaining notice period by paying 2 months basic salary. They are still forcing me for serve 3 months of notice and they are harassing by telling if i dont serve 3 months notice they will abscond me. I have already informed my new employer about the situation. They are ok if i join without relieving letter. Please advise what are my chances to fight with my current employer. Also let me know if they can take any legal action against me.
it is at discretion of company to waive off the notice period and accept salary in lieu of notice period
2) if you dont serve the notice period company can declare you an absconder .
3) your current employer can sue you to recover 2 months salry for shortfall in notice period
4) if your employer is willing to accept you without relieving letter then you can join said organisation
Normally as per appointment letter the notice period or salary in lieu of notice period.
As you are agree to compensate they should agree and adjust the amount required in lieu of notice short fall and give you relieving and experience letter.
The only harm is that if you don't take the documents you may be loosing such period of work from your experience.
Send a legal notice stating that you are well within the terms of the contract and the company as non-cooperating party and warning them that such actions are at their own peril and will not bind you in any manner.
Hello sir , it is advisable to serve them a notice showing your intention to pay for the notice period and the reason of quitting the job due to irregularities in the salary .. Through a valid notice being served they will not be able to declare you as absconder.
What does the termination clause in your employment agreement reads?
Does it gives you the option to buy-out the notice period? In case it does, you cannot be compelled to serve the entire 3 month long notice period.
Hello,
Take note of the fact that accepting salary in lieu of the notice period is on the will of the employer.
If the new employer does not have any problem in accepting you then you may go ahead and join the new organization.
If you do not serve the proper notice period then the previous employer can sue you for the damages.
Regards
1) If your new company doesn't have any problems to join without reliving letter than you without worrying about previous employer and fair.
2) If in your joining letter it has been mentioned the service termination clause either of party will informed 3 or 1 months or will paying basic salary of two months than its ok if you are going as agreements go ahead. They don't have any guts to take against you in legal. First ask them to provide employees salaries on time than talk talking about legal subject.
3) you make complaints against employer in registration office with registrar.
No employer can get you arrested for not serving after submitting resignation. You leave your current company and join the new one no issue. If they send you any legal notice in future then reply to them. If they threatened you file a complain with police.
Dear Sir,
You are at liberty to join new company as new company is ready to accept you without relieving letter. The earlier employer cannot do anything against you since you have made bona fide effect by offering to purchase remaining period. At the most he may approach Court for recovery of such amount. Normally the employers do not approach Courts in such small matters. Be assure nothing will happen.
If your employment offer letter states that you can either serve or compensate the notice period in terms of salary amount, you can issue a legal notice to the company demanding the relieving letter invoking the clause of your employment
If your current employer is okay with your status without relieving letter then you do not have to be worried about the previous employer until you are not holding their assets or any liability with them.
Hi,
In present times, these things are common. You may send legal notice that you were compelled to leave job due to their harrassing attitude and unreasonable delay of salary and hence to maintain a quality of life guaranteed under constitution.
