• Change in Notice period

Dear Sir /Maam, 

My name Is Sumit and i am working with Health insurance co. From last 1 year. I resigned my company on 23rd May when i came to know that my notice period become 90 days from 30 days post confirmation. I talked to my L1(immediate reporting manager) regarding this he said he will relieve me immediately once we hire new person on your place. I help them to hire new employee ready to handover my assets and trained him accordingly. 
I talked to my mext employer to extend joining from 30 days to 45 days as my current employer is not relieving me. They said OK but not than that. Now my 45 days going to end on 6th of July but still my HR won't leave me as they as rigid with policy that they won't give me reliving i did everything they asked even my Cluster and Regional head those are my reporting managers want to leave me but HR won't. I said I'll compensate them if any other monetary loss happened because of my early reliving but they still wont. I talked to them multiple times but they won't leave me. Now i am totally harassed by their attitude and really won't be able to sleep from many nights. 

Following is the condition written in my Joining letter. 

Your services may be terminated by either party, giving notice in writing for Fifteen (15) days (during probation period) and Thirty (30) days (pos t confirmation) or payment of notice pay for the balance period in lieu thereof. The Company reserves the right not to accept notice pay in lieu of notice and enforce completion of full or partial notice period. For the purpose of calculation, notice pay w ould refer to “Basic Salary” only.

Kindly help me in this matter I'll be highly thankful to you.
Asked 8 months ago in Labour

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

9 Answers

1) You are liable to serve 30 days notice period as per terms of your appointment letter 

 

you are not liable to serve 90 days notice period as it was never accepted by you 

 

3) company cannot force you to extend your notice period 

 

4) if company refuses to give you reliving letter file complaint t against the company before labour authorities in your city 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

The clause containing the right of company not to accept the pay in lieu of notice and to enforce to work are totally bad in law.

Leave the job by sending resigination letter by post or by hand,  the receipt duly acknowledged and join the new company.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

I believe that your probation is competed successfully. You submitted your resignation from the company on 23rd May 2022. As per conditions of your joining letter your notice period comes to an end on 22.06.2022. But now the company is exploiting you with new service conditions (90 days notice period), which cannot be forced unilaterally. Whether the HR circulated with you the new policy of the company? If yes, did you accept it? If not, the new service condition can not be enforced upon you. 

If the HR of your company is not relieving you, you submit a letter (should be drafted nicely) to them highlighting 30 days of notice period as per your joining letter and ask them to relieve you effective from 22.06.2022. If, HR is adamant and not relieving you, serve them with a legal notice of harassment through advocate.  

Rajinder Kumar
Advocate, New Delhi
88 Answers
6 Consultations

4.9 on 5.0

 Post confirmation notice period is extended to 90 days from 30 days. You can approach Court and enforce employer to reduce notice period to 30 days but Court proceedings take time, by the time you get order from court it may be not less than one year. Better to settle the matter amicably and obtain your credentials like relieving letter, experience certificate and settle fnf. You will get better opportunities but once your name is tarnished in market, it will be difficult for you to land good job.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

 

The oral talks with the company will not fetch you any fruitful results.

Since you have already tendered your resignation with the notice period stating that you will compensate with your proportionate salary amount for the remaining or un served notice period.

If not you can issue another letter to the employer stating that as per your resignation letter your last date of working is ..... and you would like to be relieved on the following date of last working date and also to settle the F&F and other certificates on your last working date.\

You stop reporting to your company after the last working date.

If they still not respond properly, then you can resort to legal action as per law in this regard.

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Ypu can buy your notice period such conditions are illegal. But if you have readily accepted the conditions then it can create some issues

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Dear Client,

since your HR is having a problem in leaving you, talk to him/her what's the reason as your notice period ins 30 and its been served. if this does not work then you can complaint to the higher officials regarding the behavior of your HR.

Anik Miu
Advocate, Bangalore
5838 Answers
59 Consultations

4.9 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. 

- 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.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Since, you have already worked for the period of 30 days as mentioned in the offer letter , then the said employer cannot take any legal action against you. 

- If you have already tendered your resignation , then send a notice /legal notice to the said employer that you have already resigned from the company and also has done the needful as per instruction , then issue a Relieving letter , otherwise you will take legal action against him.

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

If you go by the conditions of the joining letter, 30 days' notice is sufficient after your confirmation. This cannot be unilaterally altered by your employer. Bring this to the notice of your HR manager and request him to relieve you on completion of the notice period.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer