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Rajesh Awate (Senior Software Engineer)     15 July 2011

Notice Period

Hi,

I'm currently working in a IT company. When I joined this company my notice period was 30 days. Later my notice period was increased by director of company to 45 days just by sending by an email before some months.

Now I put my resignation on 14 july and as per my current notice period of 45 days my relieving date should be 30 august. But director replied me by giving me relieving date as 30 sept, which is 30 days more than that of my notice period.

 

Hence following are my 2 questions:

1. Is it allowed to increase notice period any time.

2. and if i have put my resignation, is it allowed to give me relieving date beyond my notice period?

3. If above 2 things are not legal, then what action can i took against it?

 

Thank in advance...

 

Rajesh.



Learning

 4 Replies

Kumar Doab (FIN)     15 July 2011

If you have not given your acceptance for notice period of 45 days, then notice period shall be 30 days.

The notice period can not be increased arbitrarily, by any number of days e.g.  30 days as posted by you.

Kindly read your appointment letter and email of director informing increase in notice period and email communicating relieving date, carefully, and relate.

Company might have written:

-in your appointment letter that all terms and conditions communicated to employee from time to time shall be acceptable to employee.

-in email increasing notice period that you may confirm within....days, or it shall be construed that the change is acceptable to you.

- in email informing relieving date that due to various ongoing projects assignment son hand your relieving date is......

If deemed fit you can seek clarification in writing from company; therefore you may send a gentle communication to the director, in writing under acknowledgment.

You may use your rapport and finish the assignments in hand within 30 days of your notice of resignation, submit company property and obtain clearance and NDC from your concerned authority. If possible you may help them to find your replacement.

Be gentle, amiable, persuasive and use your negotiating skills and obtain your F&F, work experience certificate, form 16,PF accumulation reports, PF transfer/withdrawal forms, NOC/NDC etc...

It is understood from various posts from your sector IT, sometimes situations crop up and settlement of accounts of employee becomes tedious.

Be smart.

 

 

 

Doveson (advocate)     15 July 2011

If u dont worry about ur present employer telling about u to ur future employers, u can quit by the end of 30th day of ur resination. No legal complications would be there apart from ur outstanding dues for which u may have to sue the company.

Rajesh Awate (Senior Software Engineer)     18 July 2011

First of all thank you both for your spontaneous and quick reply.

When my notice period was increased, i got email from my company director. I did not reply to that email.

But i'm not worried about increasing 30 to 45 days. It is ok for me. As my joining date in next company is as per 45 days.

I put my resignation on 14th July. By notice period of 45 days my relieving date shold be 30 august.

But director replied me with 30 sept, which I think is illegal.

Also, I'm so much worried about my relieving date is because I have to get my relieving letter and experience letter.

Relieving letter is demanded in next company. Hence following are my following are my some questions:

1. What kind of legal action I can take against company?

2. Do I need to take step now only or wait for 30 august and take action if i will not be relieved on that day?

3. Also, how much time it will take for legal action? Because I can't go with long time fight, as I have to join on my decided date.

 

Thanks,

Rajesh Awate.

Kumar Doab (FIN)     18 July 2011

It is also possible that by oversight your director has typed the relieving date as 30th Sep in place of 30th Aug.

You may clarify to him and ask to correct the error and obtain another email/letter with relieving date as per your employment contract and suitable to you, and close the matter.


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