Hi, I'm working as a contractor at an MNC since one and half months, my parent company's notice period is 1 month. Hence I informed my parent company (over a phone call) about resignation due to personal reasons(I didn't inform them about joining another company). They asked me to send the resignation email after 15 days, since the MNC would hold the payment. And they promised me we can negotiate on notice period by 2 weeks. I agreed and sent the resignation email after 15 days. In response, they sent an email accepting the resignation and asked me to serve a notice period of 20 days from today. Now they're not agreeing for it and asking me to serve 30 days(over a phone call) due to the pressure from their client . But I need to join my new company. I sent the resignation email to the new company. Now I'm scared that my parent company will hold my relieving letter.But I have their email where they accepted the resignation with 20 days notice. Now do I have the right to get the relieving letter from them ?
Seek extension of time for joining
you are bound to serve only 20 days notice period as they have duly accepted your resignation letter and asked you to serve for 20 days
but it is better to serve 30 days notice period and obtain relieving letter as your new employer may insist on relieving letter
I have already asked for an extension of 1 week. But they're not agreeing for an extension of two weeks
- Why you resigned over phone.
Then you sent mail after 15 days, in that you should have mentioned all previous agreement and details.
- Now, legally your notice period starts from the date you sent your resignation (email).
- Since they accepted in email for 20 days notice then they will issue without any problem.
- If still not issued then you have to send a legal notice through lawyer.
Dont send it now.
Hope this helps.
Inform your existing employer that you can serve for only one more week
1. Obtaining the relieving letter from your present employer is your legal right, after your relief from the employer.
2. As per offer letter, if there's mention of one month notice period, then the one month notice period starts from the date of your phone call informing about your resignation. Moreover you have sent resignation letter, as desired by your employer after 15 days' and in response the employer had asked you to serve 20 days' notice period from that day.
3. Unilaterally the employer can't change the duration of notice period.
4. If the problem is not resolved amicably, send a legal notice to settle the issue in your favour.
I believe you asked extension of joining to new company which they denied.
Basically your old company should not ask to stay beyond 20 days but if they are still not going to do then you should project it to new company that how valuable you are to old company and client so they will wait to get you.
If your company has accepted y0our resignation and confirmed the acceptance by their official email, you may work only till the date of expiration of the notice period and stop going to office after that day , while sending a letter by registered post intimating your decision to quit the office from the date mentioned in their email accepting your resignation along with cheque for the amount compensating the balance 10 days notice period.
Since they have committed in writing about this, they cannot be able to take any legal action subsequent to your letter conveying your message of quitting the office on completion of 20 days notice period.
If they still intend to take any legal action after that, you may challenge the same legally on merits and documentary evidences in your support.
You can proceed to join your new company accordingly.
You need not request your new company to defer the joining of the company, you can join immediately sooner you are quitting the current company.
There is no legal infirmity in you doing this act, because your current company has already accepted your resignation through email and has not given anything in writing after that, hence you need not be worried about it.
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Hence, if you have already joined another company , then pay the notice period amount , and send a request /notice for issue relieving /experience certificate.
Once they have accepted your resignation and allowed you to work for 20 days they cannot go back and do whatever they want. You have a right to join the other company.
Serve them with a legal notice and join the other company in Case they do not respond.
1. Serve a lawyer's notice to the employer to issue the relieving letter and make full and final settlement.
2. If the demand is not met within 7 days then a suit for mandatory injunction will have to be filed in the civil court.
Dear Sir,
1) If no extension for joining is being given by your new company, you will have to inform your parent company that you cannot serve more than than 20 day period agreed on.
2) Do a perusal of the notice period clause under your offer letter, if the same mentioned as variable or not.
3) If your parent company does not release you F& F payment and relieving letter then you can process with sending a legal notice to them. But not right now.
4) Undertake all communication through mail and recorded calls to have a record admissible as evidence in future to indemnify yourself.
Thank you
Dear Sir,
These are to be resolved mutually and if not possible then you have to immediately approach the office of Labor Commissioner under section 12 of Industrial Disputes Act where in discretion power is given to settle the matter amicably.
Thank you so much for all the answers. And FYI, I have not signed any agreement on notice period. Neither in my offer letter nor in any of the documents that I filled, signed and submitted to them has any information that mentions about notice period. My joining in the new company was on June 14, but I requested them to postpone it to 21st, since they asked me to serve 20 days instead of 15 days in the email. But the additional 10 days was requested by them over phone for which I did not agree, and they said they'll talk to the client and get back but they have not responded yet.
If there is no notice period mentioned in your appointment letter you are not required to serve 20 days notice period
Since they have already agreed for 20 days notice period and accepted your resignation letter, you may not have to be worried about their frequent change of their mind set in this connection.
You can stop attending the office after the current notice period of 20 days expires and can join the new company as per your schedule.
They cannot take any legal action against you for this since they have already given in writing about their commitment accepting your resignation.
Since you have not signed any letter, including offer letter accepting notice period, the present move made by you is sufficient in this regard.
- The notice period is what you sign in your offer letter and not as per any policy.
- So you have already done best from your side and even changed your joining date with new company.
- You already have resignation acceptance mail confirming last date.
So even if they dont give relieving letter, you can join new company.
- For 1.5 months and that too for contractor role, you dont need experience certificate.
- But that doesnt mean you can fight for it.
But you will not fight for them being a employee.
- If the said agreement is containing any clause for notice period , then you are not bond to work 20 days .
- No need to take tension and continue your work in the new company
- Further, send a notice to earlier company to issue the Reliving letter to you.
1. If there is no mention of notice period in the offer letter or contract then you don't have to serve any.
2. Serve the lawyer's notice if the employer does not make full and final settlement.
Dear Sir,
1) If there is no mention of any notice period in any of the documents that you have signed, you do not need to do anything more if you have given your service to the client till the last working day as was notified to you.
2) After the 20 days that you have served you can leave the service and join new job. They cannot take any legal action against you for not giving into their further requests.
Thank you