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Deepak (IT)     28 May 2012

Notice period - company asking for 6 months notice

I am working for a Software Consulting Company. I have resigned from the company.  and had a talk with my manager.

 

I was not doing any project for a week. Consulting company got a new project and asked me to go and work for that client. Then just before starting of a new project with one of the clients of the company.

The new project needs me for 6 months. Now Manager is saying that I need to stay for 6 months and complete the project and then leave the company.  He is DEMANDING me to stay for 6 months?


The Company Notice period which specified in offer letter is one month(30 days). How can he demand me to stay for 6 months?



Learning

 3 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     28 May 2012

The company can't stop you from resignation. A

s per your words or offer letter,  if you wants to leave the company kindly put the resign and serve the notice for 1 month.

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     28 May 2012

The company can't stop you from resignation. A

s per your words or offer letter,  if you wants to leave the company kindly put the resign and serve the notice for 1 month.

Kumar Doab (FIN)     28 May 2012

You have submitted your resignation or notice of resignation? You should mention effective date of resignation/last day in office in notice. You may supply a representation in writing under acknowledgment mentioning reference of your notice and clarify that your effective date of resignation/last day in office shall be dated............ It is believed that there was no work for you for 7 days before or after submitting your notice of resignation. After submitting your resignation, your manger wishes to assign you to a project which shall take 6 months to complete and hence your manager is instructing you to serve the company for 6months i.e. duration of project. You have mentioned that offer letter is issued to you. Offer letter is issued as a confirmation of selection. Upon joining duties appointment letter is issued which gives details of terms and conditions of appointment. If no appointment letter is issued you may submit a representation in writing under acknowledgment to this effect. You may submit a carefully structured communication addressed to the good offices of appointing authority in your company, MD, CEO, Director, with a copy to Head-HR, mentioning that you have already submitted notice of resignation dated..........and your last day in office shall be dated............There was no work for you from dated........to dated........... On dated............your reporting authority/Manager, Mr/Ms.............designation............address...........asked you to attend to the project.............of client of company M/s............address.........and that this project shall take 6 months to complete and you shall have to serve the company for 6 months until the project is completed. You have already communicated your last day in office which is dated................and therefore either you may not be deputed on this task or you should be supplied a letter in writing confirming that I shall attend to this work only up to dated.......( your last day in office), or some other employee may be deputed to this work and you may be given work on day to day basis which can be completed within and up to dated..........( your last day in office). A written confirmation may be supplied to you by redg/speed post. Your effective date of resignation/last day in office shall remain………….as already communicated and good offices should ensure that exit formalities are completed within this date and your acceptance of resignation, work experience/service certificate, relieving letter, form 16, PF number, attested copy of PF withdrawal-transfer forms, FNF statement, payment of your dues by bank DD, etc. may be supplied to you within your effective date of resignation/last day in office i.e. dated……….Good offices may confirm to you in writing as ap, to whom you should handover the charge and company property. Employee should not leave anything to imagination or chance. Submit specific communication and seek specific reply in writing under acknowledgment.


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