Duration of service

Every org having some policies. I hope you could have signed that too. Talk to the HR and you use your vacation to adjust the notice peeiod. Try to get smooth leaving from the current org and that will good for your future.

If you have resigned they can't stop you. Escalate this matter to senior management or send legal notice through advocate.

Hi,

Thanks for the replies.Another question is - Does signing a bond mean signing on some Stamp paper only?? Or if there is anything written in between the lines on the offer letter, and I sign the entire offer letter (of around 30 odd pages), will that also be considered as a 'bond'? For example, I have joined around 3 months back and as per the offer letter, I would be still in probation (till 6 months of joining). So, when I did resign, whatvr the minimum service period needs to be served . Right? (this is what i understand). But in one of the lines in the offering letter, it was mentioned as per the company's volition and need to stay for 2 years unless it terminates. So, will someone needs to stay for entire 2 yrs :-O without hving signed a bond? Also, it says once an employee becomes permanent(after 6 months completion/after the probation period), he has a notice period of 3 months. I dont understand as how a permannent employee can go in 3 months, but one (who is in probation) either needs to get permanent or stay for 2 yrs !!! :( 

It shall be good if you can post all information in the beginning than in bits and pieces. What is issued to you :Offer Letter or Appointment Letter? If clause of service agreement has Benn inserted in contract of employment then : the company created the bond in lieu of what extra ordinary favor e.g. some certified training from some Instt. etc? If NO your lawyer may opine that the bond is unconcienable.... The notice period is part of service conditions and is governed by enactment applicable to establishment and employee covered by the provisions of the enactments. Designation alone doesn't decide employee shall be covered or not! If employee stands confirmed in writing then written confirmation is required. You should preferably meet an able Labor Law Consultant Service matters lawyer in person with copies of all doc's on record and give inputs in person...

Your employment offer letter is required to be seen to render a proper opinion to your query because the terms of employment, if violated you may lose the terminal benefits  as well as you will be liable for disciplinary actions too.

Notice period has to be honoured.

Most Probably this company shall be covered by (Name of the state) Shops and Commercial Establishments Act.............................and standing Orders might also apply to it.........................

Notice period is part of service conditions and the above being enactments/instrument of law/statue shall prevail upon any private agreement/policy that employer has crafted/drafted be it e.g. offer letter/appointment letter/HR policy etc......................even if these are 30 pages of even 3000 pages long.............................and employer is personally held responsible for faithful observance of enactments applicable to the establishment.................and service conditions that are violative of enactments shall not survive.......

 

  (Name of the state) Shops and Commercial Establishments Act: As per it the notice period for length of service of 3 months.......................may be NIL, hence not notice period and notice pay in lieu of notice period might apply to you (employee).....

 

Standing Orders: are certified on the lines of model standing orders.If not certified model standing orders shall apply. Notice period during  probation period is NIL.....

 

The notice period has to be honored by employer....

 

Approach your able Labor Law consultant/Service lawyer with confidence..