I am working with my current employer from last 2 years and now I have decided to join in another firm. The ideal notice period is 3 months but I can't serve complete notice period and I have informed my HR that I am agree to pay notice pay in lieu of 33 days notice as I will be serving for a month but she told me that this decision in entirely in my managers hand.
I have seen incidents in my company where in an employee was relieved in 5 days also but that was in other team. Our team manager has a dubious distinction of not freeing any employee before 3 months and if employee went before that, he made them absoconding and company never release a relieving letter to them.
Would like to ask the following:-
1) Is there any legal action that could be initiated against me, if I don't serve the 3month notice period and only serve a month's notice period and pay a month's basic salary in lieu of remaining period?
2) Can a company hold back my relieving letter even if I serve for a month and paid a 2 month's salary in lieu of notice period.
3) What is the importance of relieving letter, if I have all my payslips, offer letter, appraisal letter to support my experience.
4) Do the company have the right to hold back my salary, my benefits and PF renumerations?