• Forceful extending my notice period

Hi All
My notice period as per appointment letter  in  present company is 1 Month and i am serving the same,but just before 15 days of my completion of Notice period my reporting manger is not agreeing to Release Me and Forcing my HR not to give me any specific  Last Working Day.He has mentioned they are Searching Candidate for my Replacement and have asked me continue 3 more Weeks after the joining of my Replacement candidates and is not mentioning any Last Working Day.
Please Suggest what can i do?
Note : i have put my paper on 14 feb and as per notice period my last working day is 16 march 2018.
Asked 1 year ago in Labour from Pune, Maharashtra

Please note if terms and conditions mention that you have to serve one month notice period you need not work after 16th March 2018. If they do not release you or give experience letter you can send legal notice stating that in case of damages the manager and company shall be liable to pay existing and future losses incurred by you because of their acts. But if the terms and condition state that you need to work after serving one month notice or till suitable candidate is found in your position then they have right to hold you back. Better send a legal notice through a local advocate asking them to release you on march.

Swarnarka Chowdhury
Advocate, Mysore
1768 Answers
4 Consultations

5.0 on 5.0

1) If your appointment letter has condition of only one month notice period than same has to be followed, as you have already given one month notice.

So they can't hold you after that if the replacement condition is no there in your terms.

Give them a.written letter/ notice stating that you have served the legal notice and your periods expires on so and so date so kindly complete formalities and dues and relieve me on the said date failing to this can attract legal proceeding for damages against employer.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

No one can be compelled to work more than his notice period if he is not agreed to do so. Speak to your manager clearly that you will serve notice period only as you need to join your new organization after that and DOJ is already agreed .

In case he disagrees then file a FIR for harassment at work place against the manager and HR.

IN ANY CASE STOP THE WORK AFTER YOUR NOTICE PERIOD IS SERVED.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

You are not bound to work for more than your notice period

2)you can stop going to office after 16 th March

3) express your inability to work after expiry of one month notice period

4) however if you so desire you can work for another 3 weeks till employer finds another replacement

Ajay Sethi
Advocate, Mumbai
66758 Answers
4037 Consultations

5.0 on 5.0

Dear Friend,

Just after serving notice period if you get any other better job than relocate yourself without any issue. Otherwise continue in old company till the management happily say goodbye to you.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4405 Answers
112 Consultations

5.0 on 5.0

1) No don't wait, you have done right thing by putting your paper on time. Now you talk to HR manager only don't talk to your operating manager.

2) If HR is also not listening than talk to Head of the Department or Company or regional manager who ever it is, don't hesitate to talk with them.

3) If they are also not listening leave the company on last date and make complaints to registrar of the company.

4) Keep track of your Notice period record like present on company login and logout timing etc.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

In the absence of contrary provisions in the contract, you may bid an adieu to the company on the last date. Collect and retain records to establish that you served 30 days. Thereupon, demand the relieving letter and dues, failing which, initiate legal process.

Rajaganapathy Ganesan
Advocate, Chennai
1510 Answers
8 Consultations

4.9 on 5.0

Legally, you're obliged to serve them only for the duration of the 30 days notice period and not even an extra day.

Incase you are not relieved on the last day of the notice period, you will be free to initiate a Legal action against them.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

You problem can be solved easily by sending one legal notice specifying the law which your company is violating.

Ravi Kumar Singh
Advocate, Patna
49 Answers
1 Consultation

4.0 on 5.0

You are not obliged to do something which is out of the bounds of the contract which you have signed with your employer which in general is known as employment contract or the appointment letter cum employment contract.

If the notice period is of 01 month and you have already served the notice to your employer on 14 February 2018 then you can leave your current organisation on 16 March 2018.

Unless and until you are willing to work on your own and you are getting paid for that from your current organisation do not oblige the organisation.

Pulkit Prakash
Advocate, Delhi
134 Answers
3 Consultations

5.0 on 5.0

Dear client: let your HR give you in writing ,what he is saying about extended notice period. Based on this written note, kindly reply that" for the extended period beyond the notice period i.e. from 16th of march your salary need to be added with extra ....xyz amount to meet the loss you will accrue" ( increase this amount , which your HR might not agree) . Kindly keep in mind the prospects of second company you are going to join. ( If the current company agrees for further extension of notice period with extra amount as demanded by you)

You have to calculate time factor and future prospects very sharply.

Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

Stay in good terms with your HR. Assure him/her that you are fine with it. Get your experience certificate as soon as possible before 16th march or say 1-2 days successive to it. Have your salary in ur hand and then stop going to your office.

I assure they won't be able to take any further action against you. Even if they go to the court of law, the case can be set aside at first or second hearing. They have nothing to show against you. Companies these days do all these kind of tactics.

Sagar Mongia
Advocate, New Delhi
7 Answers

4.0 on 5.0

Once you have given them notice as per the appointment terms then you don't need to abide by their unreasonable demands. Just serve your notice period and leave. If they don't give you release letter then send them a legal notice.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You give them final notice as per the duration mentioned to you

Anwar Zaidi
Advocate, Mira Bhayandar
214 Answers

4.0 on 5.0

Since you have pout down the papers observing the company rules of one month notice period, the manager at his whims cannot put a stop to your leaving the company.

You can talk to the management about this and shall get relieved on the fixed dated after which you may issue a legal notice if your dues are not settled even after proper resignation.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Hello,

if they are forcefully asking you to serve more period and the same has not been mentioned in the employment agreement then you do not have to listed to them and you may leave the job.

You may thereafter send a legal notice to them in order to claim your remaining dues.

However, I would advise you to solve the matter mutually by talking to the HR, legal recourse will not be of much help at this juncture.

regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

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