Notice period and relieving letter
Ashok kumar
(Querist) 14 June 2012
This query is : Resolved
Hi
My current employer has a 90 day notice period in case of seperation. For some reason, I didn't sign the agreement (Actually forgot) . I also didn't acknowledge the agreement (Terms and conditions) by email. The company also failed to ask me to sign the agreement and submit (They also forgot ). All i have is a soft copy of agreement in an email which I received from HR.
Now if I resign,
1. Can the company force me to serve 90 day
notice ?
2. Can the company not give my experience certificate or Not accept my resignaion ?
Thanks
Rams
ajay sethi
(Expert) 14 June 2012
your employment was subject to terms and conditions mentioned in appointment letter .
the fact that you joined the company on basis of appointment leeter indicates that you accepted the terms of appointment .
if you reisgn company may ask you to serve notice period . if you refused on grounds that you have not isgned appointment letter the company may refuse to give you a relieving letter .
you will u n necessary ruin relations with your employer . dont go on technicalities . leave organisation on graceful note
Ashok kumar
(Querist) 14 June 2012
Thank you Sir. One final Question. Can a company refuse to give relieving letter for the service I have done ? In other words , Can I get the relieving letter from them legally ?
I really want to exit on graceful note.
ajay sethi
(Expert) 14 June 2012
if you are parting on amicable note and give 3 months notice company will give you a relieving letter .
company cnanot refuse to give you relieving letter
Ashok kumar
(Querist) 14 June 2012
Thank you. I realize the best way is to give 90 days notice and exit gracefully.
K.K.Ganguly
(Expert) 16 June 2012
It depends. I am dealing with a case where release letter has not been given to an EX-IIT Silver medalist after being sacked 4 years back for no reason and since last 4 years he is unemployed in IT sector and due to his long unemployment, he is unlikely to get a job of acceptable level. This was done by the Company being instigated by a MLA of the then ruling party since the Employee had filed a Divorce suit against his wife who was the daughter of that MLA.
So, try to settle things amicably.
