I have been working in a manpower provider, Pvt. Ltd. company for nearly last two and half months. Some days ago I got a better opportunity and that's why I sent a resignation email to my employer on 4th, April, 2013 saying that I want to be released on 19th April, 2013. But, according to the terms and conditions paper that I had received from my employer at the time of joining, I need to serve 30 days of notice period. So, my employer was unwilling to release me on 19th April. Later, on 13th April, 2013 I sent them a mail saying, OK I am not leaving the organisation on 19th April, I will serve 30 days of notice period and I will work till 3rd of May, 2013. In the mean time I never withdrawn my resiganation. But, now my employer is saying although I am serving 30 days of notice period, I need to organise an acceptance email from the client side reporting manager behalf of whome I have been working in the project. This condition is not mentioned in the terms & conditions paper. However, I also sent several emails to the client side reporting manager but he is not replying on these emails and my employer is going on to say that they need the acceptance from client to accept my resignation and issue my Relieving Letter. I requested through email to my employer to send an email to the client for having the acceptance of my resiganation but now they stoped replying on any email sent from my side. The new company where I am going to join wanting the acceptance of my resignation from my current employer and later they will ask for the Relieving Letter too and if I will be unable to produce that, then my employment in the new company will be rejected. So, right now I am very tensed and scared for the current scenerio. My earnest request is please, advise me what should I do in this situation.
Answer An employment contract may be terminated by either party at any time subject to compliance with the termination clause stated in it.Normally such type of contract may be terminated by either party by complying with the notice period or pay in lieu thereof.You have every right to try for a better opportunity and to leave the Company by issuing the proper notice.However,if you feel that even after complying with the same,they are not releasing you, then please serve a legal notice immediately.If after completion of your notice period, they do not release you, you can certainly dis-continue after the said date and also join your new employer.The object of giving appropriate notice to your existing employer is to give them an opportunity to find a suitable substitute for you to look after your work.However, under no circumstances they can delay your release by insisting to obtain a release order from their Clint's Manager because you are not working under them.Moreover,your employer has no legal right to retain you for a single day after completion of the notice period.Such an action on their part is going to hamper your career very much.
Please request your new employer to allow you to join on the basis of your letter of resignation.However,if they still insist for release order,then you shall have no other alternative but to file a suit for appropriate relief through court.
Please take appropriate decision in the matter in consultation with a suitable lawyer.
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Thank you very much Sir, for your so helpful reply. It has certainly given me light to get a way-out from my current predicament.
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I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc.
I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.
Organizations Member,Inst. of Chartered Accountants of India
Member,Inst. of Company Secretaries of India;
Member,Bar Council of India
Member,All India Management Association
Member,Delhi Management Association
Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I.
Expert ,CA Club India
Expert ,Lawyers Club India
Ex. Faculty ,I.C.S.I as well as I.C.W.A of India
Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi
Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd.
Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore
Awards and Honors Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.
Past/Present Clients I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.