• Notice period

In my offer letter notice period is not mentioned.i joined as a short term contract basis.After two year of joining, employer email a notice all the employees of the organisation mentioning one month notice period before resignation.But I got many emails I not viewed this email then. After 2.7 years I applied for NOC and got NOC. Such notice period is not mentioned in my NOC.After 26 days of taking of NOC I discountinue going to the organisation.after 4 days I informed the management that I will not continue.and over phone tell my colleague to do my work, and he agrees easily.but when I applied for experience certificate , management told me to give one month salary.
Asked 6 years ago in Labour

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13 Answers

you have served 26 days notice period 

 

2) you have to pay salary in lieu of notice period for shortfall of 4 days only 

Ajay Sethi
Advocate, Mumbai
99947 Answers
8158 Consultations

They can’t withold your experience certificate, saying that you did not serve the notice period. If at all there was any notice period, it is wrong for them to apply the same in your case as there is no mention of the notice period in your offer letter 

 

send them a legal notice in this matter, Calling upon them to forthwith release your experience certificate.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

11. The terms of job including notice service or notice pay must be mentioned in clear language in the job contract.

2. if nothing was there there then after so many years the employer can not make such changes unless the employees agree to it with express terms.

3. n your case sending of email has not made a binding agreement and since there was no consent on your part it was not to be considered as accepted.

4. So the demand of the employer is unjustified and without any basis of law and you can ignore this demand.

5 However the problem lies in their refusal to give experience certificate which you can show to your nee employer through other documents like email communications and your joining letter.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

If you have accepted the condition of one month notice with the company then you have to serve the same. If not served they may deny you experience certificate. You can pay basic salary for period you have not served

Prashant Nayak
Advocate, Mumbai
34638 Answers
249 Consultations

See if it was not in offer letter then company cannot force you to serve same issue a legal notice to the company for releasing full and final point and experience letter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

E mail is one sided proposal and until acceptance is not given, dose not complete the contract hence,not effective. You can approach labor court for to release experience certificate

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Client,

Your joining letter is enough for you for getting a job in another organization. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

- As per law, the notice period completion is not mandatory , and the organization is bound to issue Experience Certificate .

- Since, there was no clause for notice period , hence you are not bound to compelete the same for leaving that organization as well.

- For agreement , acceptance should be there . Only sending a massage via emai , the organization cannot bind you for acceptance its new clause.

- Better , issue a notice/complaint letter to the organisation after narrating all the details and ask for issue of experience certificate, and further warned that you are going to take legal action against the concerned official.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Hello 

If they are harassing you like this then please go ahead and file a complaint before the Labor Commissioner.  

You yourself may do the same and you do not need a lawyer to present the case before the Labor Commissioner. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The terms of the contract were changed after you joined. But still they are demanding a month's salary in lieu of the experience certificate.

You should explain your situation to the company. Anyways if they don't give you an experience certificate you should give them a legal notice.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is a general rule applicable to all employees that they should give one month notice before leaving a job. Hence, even if such condition is not mentioned in the appointment letter, you are bound to give one month notice or to pay a salary of one month. 

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

You applied for NOC or resignation letter ??

If you have given notice period for one month and skipped only 4 days then you are liable only for paying salary of 4 days not for one month. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ignorance of law cannot be claimed as an excuse.

Your company has informed you well in advance about the notice period, you cannot blame the company about it if you have not viewed the company mails.

You may have to comply with the company's demand if you require the experience certificate, however you may negotiate with the company for 15 days salary as compensation, if the company permit you.

T Kalaiselvan
Advocate, Vellore
90148 Answers
2504 Consultations

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