• Manager is forcefully extending my notice period

I have been working for an MNC since the past 5 years. My last date in my company is 30th July, 2021. I have been serving the notice period of 90 days since the 1st of May and I have an email from the HR stating that my last day in this company is 30th July, 2021. Even after this, my manager is threatening me that she will talk to the HR to extend my notice period for 2 more weeks. What shall I do?
Asked 2 months ago in Labour

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11 Answers

1. If your last date of working with the Company is 30.7.2021 after serving the due notice as per your employment contract, then you should write to your HR about your inability to continue any further since you have resigned following the rule of the Company. However, make sure that you have resigned giving notice for the period as specified in your employment terms.

 

2. I shall always advise to avoid any direct confrontation with your employer because our law is not employee friendly.

 

3. Try to settle the matter amicably with your present Company or negotiate with your next Company for extending your joining time or allowing you to join them without any release or experience letter, in case they do not want to extend your joining time.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

Hello,

  1. If you have a confirmation from the HR that your last day at work is the 30th of July, your manager cannot get your notice period extended as that would be illegal as your company rules are apparently asking you to comply with 90 days notice period.
  2. As you are still at work, there is no action required from your part now as you have on record the acknowledgement from your HR department of your resignation and the information regarding the last day at work.
  3. In case the company asks you to extend the notice period, refuse to do so stating your commitment to a new company and inability to comply with any further extension. Make sure that all your communication is in writing. It would be advisable to avoid a head on confrontation as this can lead to the company delaying the exit procedures..

S J Mathew
Advocate, Mumbai
3339 Answers
157 Consultations

5.0 on 5.0

You cannot be forced to work for further period of 2 weeks 

 

2) your employer has informed you that your last day is 30 th July 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

She may do anything but cannot extend the notice period as per the contract agreement signed between you and your company.

 

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

Your manger is not the authority  and she cannot do anything like this as per her whims.

Your HR manager who is the authority to approve this has already committed with the reply confirming your last working date with the company hence he/she cannot withdraw the decision just because your manager requests them to extend the relieving process.

You may ignore the threats posed by your manager  and stop working or attending office from the next date of the expiration of your notice period, even your company cannot take any action if you do not accept their dictates beyond the expiration of notice period, you can challenge them legally.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

- 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. 

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Since, you have already work the notice period which is mentioned in the offer letter , then the employer cannot extend that period , it is against the law , and you can take legal action against him.

- If you have joined another company  then joint the same , and issue a notice /legal notice to this manager to issue a relieving letter with full amount . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

It's ok. Leave whenever you want. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

If the conditions of the notice period are mentioned in your appointment letter, then after the completion of the notice period, you would be 'deemed relieved'. The company cannot compel you to work beyond 30th July.

Indu Verma
Advocate, Chandigarh
26 Answers
1 Consultation

5.0 on 5.0

Hello,

Just send the HR your acceptance of the offer being made to you about your last working day.

And don't forget to keep your manager in cc, however if the company agreement stipulates three months notice period and you have served it , there is no way for her to extend the period arbitrarily after the prior acceptance of your resignation.

In case you stop working after your agreed last working day, the company cannot take any legal steps against you and there will no prejudice being done to you.

In case you need to discuss or need any help you may get in touch with me.

Regards

Swarupananda Neogi
Advocate, Kolkata
2935 Answers
6 Consultations

4.7 on 5.0

Dear Sir

No employer can forcefully extend your notice period without your prior consent.

If you are able to prove that you have completed the notice period, you are not legally obligated to serve any longer.

Thank you

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

You can send a legal notice to him through an advocate. You can approach me through LinkedIn for detailed analysis of the said matter. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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