Dear Sir,
I am working in an org for past 9 yrs. Recently i had resigned from my duties as i got another opportunity and a very good growth which is very important for me at this point. I requested to my manager to relieve me in 1 month as i had to join the other company in 1 month. My immediate bosses have relieved me but the HR is not relieving me.
As per my offer letter notice period is 3 months or 3 months' gross salary but the sole decision is in comapny's hands.I am ready to pay off the notice pay. But HR is not relieving whereas my replacement has also come and i have handed over all my duties also.
Its very urgent for me to get the relieving else i would lose the other opportunity. Can i take any legal action against the company to get the relieving. for past 15 days i am in discussions with the company officials for the relieving but HR is insisting on the same thing stating 3 months notice period.
Regards
Mona
13th August 2013 From India, New Delhi

Hi Mona, it is requested to show some loyalty towards the company which has feed you and your family and supported you at all the good and bad times of your 9 years of life,in this period you might have gained many new skills trough which you are able to attend another interview for a better position and a better company.,!!. You are required to meet your Head HR and explain him the position under a written representation under an acknowledgement., with a copy to your reporting boss and a copy marked to the director or CMD office. In the mean time you must be having the copy of your resignation acknowledged by your boss, with some comments like \"can be re leaved\" or so., when you are ready to pay the notice period., you need not think after having all these documents on hand., just pay the company trough a crossed instrument take an acknowledgement and join the new company and send me the sweets, for the same.
Regards
JSR

13th August 2013 From India, Hyderabad
Dear Sir,
Thanks for your reply. But i just wanted to know that if HR is still insisting on the same thing i.e. 3 months notice period then what can i do in that situation. Can my company retain me for 3 months forcefully even if i am ready to pay the notice pay. What legal action can i take against the company in that situation. I have served 9 yrs in this company and this is the reward company is paying to me.
Request you to please suggest.
Regards
Mona
14th August 2013 From India, New Delhi
Dear Mona, just answer the following yes / no
1]do you have your appointment letter
2]do you have your payslips
3]do you have acknowledged resignation letter
4]do you have the acknowledged communication asking the management to re leave you in 1 month instead notice period
5] do you have the communication letter sent by you stating that you are ready to pay the notice period duly acknowledged
6]do you have the amount to pay the notice period right now
if YES is the answer for all the above., prepare a cute little letter mentioning your intention to get releaved in 1 month., (i am unable to enclose the draft of the letter)also mention that this is INDIA and nobody can confine anybody.Enclose cheque (keep a xerox copy of the cheque)hand it over to the company under an acknowledgement.No one can stop you after one month.Just in case you require the said draft also provide me sriram15071970@gmail.com your mail id so that i can send one.
All the very best
15th August 2013 From India, Hyderabad
Dear Mona
Your resignation must have remarked by your boss in which He/she might have written as accepted or request hr to relive you. I think you may join your new job after showing them the remark of your boss and explain them all situation, stating that HR is creating problem only with intention to deprive you from this opportunity.
Your new HR may consider your situation. forget about your relieving from your old company. Let your previous HR go against you in any forum. Same may be contested. But your present HR should understand the malafide intention of your previous HR.
Regards,
Ashutosh Verma
Advocate
1st September 2013 From India, Delhi
Dear Mona,
I understand your difficulty.You are eagerly waiting for a Relieving Letter.This letter is mandatory to get join with offered company.Wel..
Thinking on legal ground you have nothing in your favor.To buy out notice period or Complete to serve it are both only on discretion of management which might be written in your appointment letter.
Despite of legal help i propose to take another source of help.like a politician in your area or just send a legal notice with all document as stated above.HR practice of your company is worst only.This is the optimist condition of a Bad HR Practice.But think that you are not strong in this case and try to convice your HR head but as per my expn HR is only follower and in your case appointing authority does not wish to relieve you by whatsoever intention.Chekc it also with your convincing power.
Step -I- With a gentle view once meet your HR Head.He at least will ask you to go for Authority.
Step-II- Try to meet your authority and con
11th September 2013 From India , Pune
Hello Mona,
This indeed is a dreadful situation...
1. They cannot retain you for 3 months, if once your reporting manager have accepted your resignation and simultaneouly you are willing to pay the buy out period.
2. If talking is not helping you can send them a legal notice, which should be copied and cced to the Directors of the company and it should be TO - HR head.
In case you need any further help in this do get back...
16th September 2013 From India,
Dear Sir,
I resigned from my current comapany.I told my Manager and His Manager that i got a good offer and wanted to join them. In my company notice period is 3 months . I ready to serve 40 days and other pending day i told i will buyout the notice period.However i didnt get the good response from my manager and they are not ready to releive me . In offer letter also nothing is mentioned about notice waived off option. In this situation what should i do.
8th May 2015 From India, Hyderabad
Rakesh,
Please talk to HR manager of your company as HR is meant for employee benefit. Still they are not helping you then you can enclose cheque (keep a xerox copy of the cheque) hand it over to the company under an acknowledgement with a copy of resignation over mail as well as hard copy.
13th August 2015 From India, Gurgaon
Hi Sri,
can you please help out on my releaving.
Currently working in Yalamanchili software Exports. from 4yrs 4 months.
on july i have resign the job and served noticed period for 2months.
Aug 31st i have completed 60 days, but they are not releaving me.
Pls tell what i should do..
31st August 2015 From India, Chennai
 

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