Employer forcing me to extend notice period more than the terms in contract
ashwini
(Querist) 19 April 2015
This query is : Resolved
Hi, I have just resigned since my employer blocked my internal transfer saying I am their very important resource. They raised their voice and scolded me for applying for internal position. Due to these reasons I resigned, and my manager scolded me again saying I am being unprofessional holding the key position in the company. Though it is mentioned as 1 month notice period in the contract he asked me to extend it to 3 months. Also threatened me that he could write anything bad in my relieving letter.
I do not have any offer in hand, But still I do not want to extend my notice period because I have to make further plans for my career which needs time. Kindly guide me how can I negotiate, and what are the actions I can take for their threatening remarks.
Kumar Doab
(Expert) 19 April 2015
1. Record the irrefutable evidence for use at appropriate time in appropriate forum (audio/visual/witnesses/minutes).
2. You are not a child that you can be scolded. Employee should minute every rowdiness,rudeness by a letter thru preferably Redg. Post addressed to good offices of appointing authority,MD.
3. Download the evidence of internal transfer and policy pertaining to it.
4. Record the reason for notice of resignation in notice or subsequent communications of course under proper acknowledgment.
5. Record threat of bad remarks for evidence. It shall be an evidence of coercion,threat,discriminatory retaliation,defamation.
6. The noticed period is part of service conditions and can't be changed without prior notice and explicit consent.
7. Probably this is a commercial establishment and covered by (name of the state) Shops and Establishments Act that does not discriminate between 'Workman' and 'Non Workman' and notice period is as per length of service and max. 30 days.........
8. Download HR policy/Service Rules and regulations/employee handbook mentioned in appointment letter and all other relevant communications on record.
Become a member of Employee's/Trade Unions and consult an able Labor Law Consultant/Service Matters Lawyer ASAP.
Dr J C Vashista
(Expert) 20 April 2015
Well advised by expert Mr. Kumar Doab, I agree.
Rajendra K Goyal
(Expert) 20 April 2015
If you are not having any job in hand, you can extend your notice period as required by your senior. You can plan your career during this time. try to say bye bye to the organisation in happy mood. Rest depends on your personal situation.
If not ready to accommodate the request, may move as advised by expert Kumar Doab.
Guest
(Expert) 20 April 2015
Employer has no right to ask you to extend for more than the prescribed notice period for resignation.
malipeddi jaggarao
(Expert) 20 April 2015
When notice period is one month as per contract, what is the need to come to this forum? Stick to it.
Apart from the above, it appears your Manager is interested in retaining you for your benefit. When there is no offer on hand, what is the problem to extend by few months?
In fact there is no issue in your query. It is clear that notice period one month. Serve notice period and quit if you want, otherwise stay back for few more months as advised by your manager until you get another offer. You are in dilemma. Any elderly advice should not be treated as scolding. It is for you to decide.
Kumar Doab
(Expert) 20 April 2015
1. If there is a provision for internal transfer for employees then any employee can submit for it. The manager may be perturbed as he/she is about to loose a person in team and his performance may be affected. It is single minded,selfish,ruthless interest.
Why should you mind his/her interest.
Defend you interest.
2. Whether you agree or decided to extend notice period or not record the coercion/threat.
3. If manager wants you to extend your notice period or serve beyond notice period then let him ask you in writing or write to competent personnel so that competent personnel writes to you to make a formal request.
In such case the company shall submit that it shall pay you usual wages/perks etc.
Probably the manager or even his/her masters or even employer don't want to write to you.
Probably that is why they are pushing you to extend the notice period in writing.
If employer makes a formal request to you it is upto you to work on past wages/perks or negotiate for new wages/perks.
4. If you don't tender final resignation and work beyond LWD then the bosses may claim that it is deemed withdrawal of notice and may claim that you have to tender fresh notice.
Rest is upto you.
T. Kalaiselvan, Advocate
(Expert) 30 April 2015
Well advised by experts, you may peruse each and every advise properly and take wise and timely decisions properly.
