1) you are required to serve notice period as per terms of your appointment letter or 15 days
2) you are not required to serve 90 days notice period
3) no need to serve 90 days notice period
4) employee hand book is not binding upon you
Resignation Acceptance
I have resigned from my present company. My employment contract mention that I have to serve a probationary period of 6 month after which i will receive a letter in writing on my confirmation. Till the time I do not recieve the letter I will be considered in probation period. I have completed 7 months and did not recieve any letter till the time i gave my resignation. The notice period while in probation is 15 days and once confirmed its 90 day. Since I had not recieved any letter for confirmation I resigned with notice period of 15 days. Now the company is not accepting my letter and stating the notice period will be 3 months as the employee hand book mentions that in case of completion of probation period and no performance related letter issued to the employee then the employee is deemed as confirmed. I am now confused as the contract I signed and the employee hand book contradict each other. Please advise what should i do. I good faith and to leave the organisation in a goog note i have offered to serve the notice period of 1 month but they are still not ready to accept it. Please advise what should be legally correct. Should I consider the contract I signed or the employee hand book.
Asked 6 years ago in Labour
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10 Answers
Dear
As per your contract you have completed your probation period of 6 months so you are deemed to be confirmed employee.
So you should serve the notice period of 90 days as mentioned in your contract.
As per the terms of your appointment letter and employment agreement you are required to serve a 15 days notice period effective from the date of resignation. you are not required to serve 90days period.
See you contest with the company can serve them a legal notice that since you were not confirmed as per the agreement the 15 days notice shall only be applicable.
You submit your resignation letter clearly mentioning that resignation will be effective on and from such particular date. Keep postal tracking of the letter confirming delivery of the letter. Once the letter received by your employer your employment relationship will end from that particular date mentioned in your letter. You will be free to join other job.
Now so far notice period is concerned you need to pay up for any unserved notice period as per your agreement.
Company can not force you to do job once you submitted resignation. Please note that a resignation does not require acceptance by your employer. It is a misconception people think resignation must be accepted by employer. It is an unilateral act on part of employees.
Relieving no way related with employment relationship. It only confirmes that you have no dues pending with your employer.
employee manual is applicable in this case and if you have not received any letter for extension of your probation period it is dim that your probation period has been completed after the completion of the six month period so you have to to give a notice of 3 months your employer and serve the notice period in case you are not happy with me statement of the employer and disagree then you can approach to the Civil Court and file a civil suit against your employer in this regard.
You serve the one month period and resign they can't compel you to do something in contradiction. You can file complaint in labour court
Move a complaint to the labour department as they are harassing you intentionally because you are still on probation if letter has not been issued and served upon you.
15 days, since you have not received any confirmation in written. You can leave after 15 days, comapny can`t do anything and helpless. Experience letter and any payment due can be recover by approaching labor commissioner.
The hand book was given to you at the time of joining the employment hence the rules in that hand book would prevail.
You may offer to pay the compensation in lieu of the notice period.
If they dont accept your offer then you may send your resignation letter in writing by registered post and make a mention about paying the compensation in lieu of the balance notice period, let them give a reply, after which if necessary you may initiate legal action as per law.
