Ravikumar Burra 22 February 2020

Serve notice period is mandatory although contract over

Hello sir, I was joined in organisation on 17th Dec 2017 that time they put one year contract agreement. After completing the one year contract we asked HR to do renewal then he said no intimation from head office so I can't give any information. Recently I completed 2yrs of service now I got government job. I sent resignation mail to my team to relive me without serve notice period(already contract over) but they're hold my salary of last month and travelling expenses for the past 3 months. I mailed 2 times to exempt notice period till the date there is no mail reply from my management. Is it necessary to serve notice period and how can I claim my arrears and statutory benefits. Please guide me how to fight legally. Thank you

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3 Replies

Shashi Dhara 22 February 2020

Contact labour court or tribunal

Aruanbh Rajan 04 April 2020

Prima facie it appears you have no obligation to serve any notice period. However, Can you just read the contract/agreement terms fully once again, is there any clause reg.'termination of contract or extending the contract', either implied or explicit, either in midterm or after expiration. Any clause meaning such as.. "contract ends automatically without any prior notice'. Is there any other clause saying, as 'extendable' on mutual terms.? If in case, in order to definitely say you are right. I also presume you are not willing to serve them anymore under any condition. In which case you'll have no obligation.

Feel free to ask any further queries.

Ritesh Maity (Labour Law Advocate) 19 April 2020

Were you in probation and your probation was not extended

You were in contractual agreement for 1 year but after expiry of such agreement, it was not renewed any further though you kept working

Though it appears that you are not required to serve any notice period assuming that you have no such terms of 'notice period' in your appointment letter/ contract, yet such appointment letter/ contract needs to be considered before giving you further opinion.