Notice period


I am working in private IT company at Gandhainagar, Gujarat. i have resigned from my current post on 3rd May, but our management is not accepting my resignation and forcing me and all (more than 60 people) in our department to server notice period up to the end of current project which is in first week of July 2016. As per the company employment contract, i shall give 1 month of notice. Please advice. this is legal or not? how to proceed further legally to get my Resignation acceptance and Experience Letter without affect my next Employer?

 
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FIN

>>> While initiating such queries the querist should post the basic information e.g;

 

You may post the exact extarct from appointment letter on probation/Confirmation/termination/resignation. Is it mentioned that you will not be relieved till completion of Project on hand?

Do you have copy and POD of notice of resignation tendered by you? Did you mention that to whom you should handover the charge within LWD and that NO tasks are pending as on date and routine duties be assigned that can be completed on day to day basis within and upto LWD?

Has the competent employee of establishment acknowedged it and accepted it?

Has the establishment/employer/bosses forced you in writing?

Have you recorded the forced conduct (audio/visual/witnessed/minuted)?

What is your designation and nature of duties  in appontment letter and on record?

You are in which state (Gujarat; You have already posted and it is noted)?

Whats is this establishment; Commercial/Industrial ( IT  Company; You have already posted and it is noted) ?

Does it have Certified/Model standing orders and does it apply to your designation?

 

Are you a member of IT/ITeS employees/trade unions?

 

Are all affected employees united and will they support each other?

Have you downloaded the evidence of appreciations, rewards, awards, NO Tasks pending, NO misconduct, NO show cause notice etc?

 

Do you have salary slip of each month, Form 16 of each year, PF a/c slips of each year, and all rules and policies mentioned in appointment letter, employee handbook etc? 

>>> You need to take next employer in confidence preferably in writing (under acknowledgment) that .......................on dated...................Mr/Ms .........................has stated that you shall not be relieved till project..............is completed which is expected by dated.......................and in case you leave before this date (although notice period is ..................days as informed by you during interview).......................you will not get, Resignation acceptance and Experience Letter, relieving letter etc......................... hence if you have to join by joining date i.e. dated...............you should be absorbed without Resignation acceptance and Experience Letter, relieving letter etc......................and on the strength of copy of notice/final resignation ONLY

 
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HI jayesh as you saying company not relieve you without complete your notice period or as you say you didnot leave this organization before you complete your project...

but it all depand on your appointment letter when you join coz even all private company owen rule but all rule common that some company  mention 15 day or 1 month notice period or 2  month notice period so you can not leave before your complete your notice period and if company mention their you not leave without your complete project in your hand than it complsary 

so plz check your appointment letter what written in that and after you take further action 

thanks 

 

 
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FIN

Let the querist reply to all points, pointwise.

The notice period/pay and other clauses may not be neccessarily applicable even if inserted in appointment letter. 

 

 
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Labour Law Advocate

Originally posted by : Jayesh Hirani
I am working in privel IT company at Gandhainagar, Gujarat. i have resigned from my current post on 3rd May, but our management is not accepting my resignation and forcing me and all (more than 60 people) in our department to server notice period upto the end of current project which is in first week of July 2016. As per the company employment contract, i shall give 1 month of notice. Please advice. this is legal or not? how to proceed further legaly to get my Resignation acceptance and Experience Letter without affect my next Employer?


Since your appointment letter mentions a notice period of only one month, then you are no way liable to serve more than than. Tender your regisnation with proper details and be first on your stance no matter whatever the employer says. 

 
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FIN

The querist has initiated the query and should reply to all points, pointwise.

Based on reply further response can be posted.

 
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