I have been working in a company for the past 7.5 years. When signing agreement the notice period was 3 months. It was the same till 2022. In the increment letter for FY22-23 they have added additional policy changes about the notice period. It says notice period is 3 months for people with experience less than 5 years and 4 months for people with > 5years and < 10 years. 6 months for > 10 years. This is the total experience the person has and not the experience in the company. They asked me to sign this letter last year and denied to sign. Now they are forcing me to serve notice period for 6 months as my total experience is 12 years. I have served already 3.5 months and have been battling with them to reduce it to 4 months. I have completed handover of the projects in which I am billable for and got acknowledgement from the person whom I had given knowledge transfer. Since I am out of the project, I am being forced to do trainings. If I come out now, can I take legal action to ask my employer to complete exit formalities ?
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You are not bound by the new policies that have been introduced subsequent to your joining the job.
Since you have already refused to sign the new policy, you may intimate the company about the last working date as per the resignation letter and quit the job, do not attend the job beyond the last working date.
After that you can take legal action for recovery of your full and final settlement, relieving letter and experience letter etc.
Dear Client,
You are not bound by the new policies that have been introduced after you started working at the company.
Since you have already refused to sign the new policy, you can submit your resignation letter and specify your last working date. You do not need to attend work after your last working date.
If the company does not provide you with your full and final settlement, relieving letter, and experience letter, you can take legal action.
You don’t have to serve notice period of 6 months as you have never accepted the increase in notice period
you can sue the company to give you relieving letter
On signing of letter for extension of notice period the same amount to contract and also your agreement for extension of notice period. You have right to challenge but chances of success is not bright.
It is better for you to be tactful and negotiate with your employer to reduce the notice period, with proper reasoning. Otherwise, they may drag on with your relieving and experience certificate later.
You can buy notice period by paying basic salary. You only owe company tax r they have spend you for training
On medical grounds you can live the company. And provide the resignation date and keepin cc to your personal email id or you can forward it now if not done. They have to do exit formalities of yours according to employment act.
- 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, 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.
- Further, the company cannot legally enforce revised notice period when employee has declined to accept it and has submitted resignation ,and if the employee has tendered his resignation then the earlier signed notice period will be applied.
- Hence, as you have already resigned and declined for the increase notice period , then you are liable to work only for 3 months notice period and nothing more, and the said acts of the employer is illegal.
- You can leave the said company as you have already serve the 3 months after informing for the same.
