Forcefully extend of notice period by hr


Hello Everyone

I need some suggestions from you all guys about the exit from private company. This one is a case of one of my friend who is working in a compnay for which previously he got a offer letter to serve one month. after working for 1.5 years in that company he decieded to move on to other company and he gave the resignation on 11 of th Jan 2018 and requested the present employe to leave early on 5th of Feb 2018. but they told them to complete one month notice period that is 11th Jan to 11th Feb 2018. Now he is ready to give service to 11th of Feb also. but now his HR is  telling to serve 2 months notice period as if the lots of work is there in company but his new employer is not ready to extend till march. Meanwhile he got a mail from HR that if he wont complete the notice period of two months he will take some legal action against him.... Is there any other way to come out of this ?? as per the offer letter there is only one month notice period is there to serve and he didnt signed any other bond or letter except offer  ;letter.

 
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In this case employee has not been forced to obey the employer for extension of fixed 1 month notice period.
Employee can only extend his notice period if he wish otherwise employer has not been right either of legally for extension of notice period against the wish of employee.
 
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Dear Vikas Thanks for your valuable reply. I have one small confuison that employer is not giving the reliveing letter or acceptance of resignation which is now a days mandatory for employees to join new firm. And my friend is facing lots of problem regarding this because present employer is not responding properly which may lead to lapse of new job.and he is facing lots of mental harassment now a days from present company .so what steps can be done to receive acceptance of resignation from present company legally
 
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If u did nothing wrong with company, and exit fairly without any wrong doing. No employer has right either of legally can dis-allow you for providence of relieving letter or experience letter or if eligible gratuity also.
 
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This is the reply he got from his HR It is regretted to inform you that this organization is not in a position to relieve you in view of non-compliance with mandatory notice period. Secondly, As a responsible person, you have to discharge certain assigned jobs. At the fag end of the academic year a lot of works to be completed.We will discuss with your team leader and may take a call on 20th of February 2018.He may also visit your location to galvanize situation with clients and draw measures for requisite formalities. In case, if you wish to the runway from the responsibilities haphazardly a suitable legal action may be initiated for unbecoming nature
 
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Retired employee.

Go through written agreement conditions if any.   The maximum employer can do is withheld your salary by quoting that provision of your appointment order.  The threats of legal action are common.   They have many more important things to attend instead of taking legal action against each and every employee without certainity of winning a case or getting strictures in case if they are at fault. 

 
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If employer after your resignation extending notice period without any pre-written communication before employee resignation date, such rule/s (policy) impose on that such employee is completely null & void.
 
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If employer after your resignation extending notice period without any pre-written communication before employee resignation date, such rule/s (policy) impose on that such employee is completely null & void.
 
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Your friend can safely stop working after serving the required notice period of 1 month. Just keep an email /registered letter with you that you communicated to your organisation properly.They cant do anything if you follow the terms of your apointment.

 

 


Xtrack Gps Tracker

 
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If the HR at the time of joining says that appointment letter is just a formality, clauses of out location are mentioned as can be located anywhere anytime and you have to 2 months notice period for leaving , are these clauses are applicable for probation period, my friend is a single mother and she has joined the company due to nearby distance but after that they shifted to another state at a distance of 30 km whether it is legal. Can she take any legal step against them for the non payment of 2 months salary
 
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