| Hi, I am working in MNC, having almost 6 years of experience. I joined my present employer on Dec 2009 and, due to personal reason, I have decided to get release from my company. My notice period was 1 month based on offer letter. On May 1, 2010, Company sent advisory mail stating that notice period has been revised to 3 months for all employees and the same would be effective from June, 2010. Change in notice period has not been signed by me and no agreement has been sent from my side. HR says that 21 days of time, which is legal, had been given to me to take the decision and now I am bound to follow the same. Can company get stay order from court based on given mail and said terms in case employee resigns from company? When I resigned from my present employer after June, 2010, HR told me that 3 months of notice period are mandatory. Meanwhile, I have got release form my client and my Supervisor, and I will be on bench for rest of 2 months. Therefore, I asked my HR to release me and I will pay the compensation amount in lieu of Notice Period. My HR is stating that this decision has been taken at organization level and Organization is not accepting any buy-out in lieu of notice period. When I asked him that the word “Acceptance” is not written in my contract/policy, he said that this is the decision, which could change after 3-4 months or may prolong, and not all decisions become policy. He also told that company does not want to set precedent. Can Company hold employees based on such stubborn decision? Because buyable option is available based on offer letter, I would eagerly opt for the same based on my willingness but HR is telling that company is not ready to take the amount rather company will take the cost overrun and pay my salary. I do not understand whether there is any way to get release from my company. HR also told me that if I go and join somewhere else, they will sue me stating “dual employment” even though I have already resigned from my present company. Can Company sue employee even after resignation? I have already stated my consent, then why would company hold me and jeopardize my career and family life. Please tell what should I do?
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