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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?

From India, New Delhi
I hope you got your problem's solution, if still you are waiting for your solution,
then feel free and contact me. So that i can help you.
Thanks & Regards
Adv Garima Ozha & Associates
Delhi High Court

From India, Delhi
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