Resignation Vs Not Relieving Within Three Months

umasagar

Hi experts,
I resigned from my company on 5th jan and requested management to relieve me on 30th Jan. Now management says that i have to work three months. As per the appointment letter the termination will be (as mentioned below para) within three months it is either side or pay in lieu thereof.
My new employer is not ready to wait for me three months. In that case can i leave the present company without relieving letter, in that case do they have Legal powers to hold my FP, Superannuation, Gratuity and leave salary etc.
�1. It is also understood and agreed upon confirmation of your services:
[a] The employment may be terminated by either party without assigning any reason by giving the either party Three Months notice or pay in lieu thereof.
Kindly advice,
Thanks,
vidyasagar

11th January 2013 From India, Mumbai

mfvelati

Asst Vice President- Compliances

hi , they can hold your it if they want to trouble you, they can delay the pf form from their end / so also the superannuation.
if you cannot wait for the additional two months, negotiate with them for a notice payoff and move ahead... they will do so...
current trends are, you help them find your replacements...
rgds
14th January 2013 From India , Pune

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