20 February 2013
Hi all, I have been working in XYZ co since Oct 2010.As per appointment terms,notice period is 90 days & if I am not able to serve for 90 days then I have to pay for shortfall in notice subject to approval of HOD for relieving in less than 90 days.
Now I have resigned in this company & asking to relieve me within 45 days & I am ready to pay the shortfall but HOD not approving. I have documentary evidence that the company had relieved chartered accountants working with same designation/accountability that I have by collecting shortfall notice pay.
I would like to know that,will it affect to my menbership with ICAI, if I jioned another comapny without getting relieved from present company. Pls also let me know what are other laws which employer can enforce & what remedies I am Having?
Any party to contract can terminate contract giving notice. So you can not be hold from relieving. By serving proper notice in writing you can seek for relieving from job & no way it can affect your membership.