I am a working in a private sector bank as branch head for the past 1.5 years.
I have resigned on 1ST FEB 2010 DUE TO BETTER OPPORTUNITIES ELSEWHERE and subsequent to that I have been verbally asked to report at zonal office instead of my branch for the notice period verbally by my regional head. I had on e mail, documented the same, by marking a copy to him & hr given over charge of the branch to my second in command since I was verbally asked to hand over charge to him.
My appointment letter states that in case of resignation “The notice period for all confirmed employees shall be 3 months. After confirmation, your services could be mutually terminated by either party by giving 3 months notice period or on payment of an amount equivalent in lieu of the notice period by either party.”
However in the present company though I had offered to buy out my notice period(documented by way of email) had refused to accept payment and insisted on serving the full 3 months arbitrarily. However after negotiation with my present company had accepted to reduce my notice period to 2 months and the rest one month would be adjusted by 30 days of paid leave in my credit. I have a signed copy of acceptance of resignation detailing the above and a date of relieve (after serving 2 months of notice) written by me to my regional head and also a mail confirming the above arrangement from him in which the relieveing date is 31.03.2010.
I have had also negotiated a deferred date of joining with my new company (in view of the hardened stance taken by my present company and their refusal to accept payment in lieu of notice) and have also given the copy of acceptance letter of my resignation (duly stamped & accepted by my present company) on the insistence of my new company.
Now my present company has suddenly brought allegation of unpunctuality etc against me (during my notice period) and are threating to extend my notice period by unilaterally giving me work not commensurate with my position and involving me in projects which cannot be completed within the stipulated deadline of the date when I want to get relieved cleanly with a relieving letter to join my new company.
1) CAN MY PRESENT COMPANY REFUSE MY PAYMENT TO BUY OUT NOTICE PERIOD?
2) CAN MY PRESENT COMPANY AFTER ACCEPTING MY RESIGNATION AND ACCEPTING A DATE OF RELIEVE EXTEND IT AGAIN?
3) WHAT LEGAL REMEDY CAN I SEEK FOR THIS MENTAL HARASSMENT?
You should not have any worries over what the company may do or may not do. You have fully complied with your obligations. You have made your position quite clear to the company. You should stop coming to work after 30-3-2010. The company cannot extend the notice period at this stage. Whatever contract of employment has been signed between you and the company remains final and cannot be altered at this stage.
What you need to remember is to keep the prospective employer fully informed of the developments. They will understand why you are being harassed at this stage.
Please send a letter to your company mentioning the sequence of events and confirming that you will stand relieved from 30-03-2010 as your resignation has already been accepted.
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