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kuldeep singh (software developer)     09 April 2015

Releiving issue even after serving 3 months notice

Hi,

 

i  have worked for my organisation for the last 3 years.

i have resigned from designation as per company norms for 3 months notice period.

 

Now my technical head is asking me to serve one more month notice period.

is it legal or illegal. If it is illegal which action i can take against the company to get my all documents.

 

Please suggest 

 

contact no-8860024692



Learning

 5 Replies

arulprasath (HR & Legal)     09 April 2015

If you served notice period as per your appointment letter then you need not to exteded your service, if they forced you to do so, you can take legal action against your company, contact your local advocate to sent the legal notice.

kuldeep singh (software developer)     09 April 2015

Thanks for the valueable reply.

Kumar Doab (FIN)     09 April 2015

Has he/she asked you to do so verbally or in writing?

 

1. The notice period of 90 days may not neccessarily be applicable to you

................and may not be more than 30 days......................hence the company norm may be illegal.

 

2. The Manager or even employer can ONLY REQUEST you and can not ASK/ORDER/IMPOSE to extend the notice period beyond 30 days ( if this is the notice period as per various enactments ) or 90 days as inserted in appointment letter.

The request made by Manger/Employer is subject to your approval.

 

Be Careful to get such request in writing under proper seal and signature of  competent employee i.e. appointing authority........

 

Here you have full discretion to negotiate your wages/CTC etc for the extended period.

 

3. Before you separate communicate in writing under proper acknowledgment that NO Tasks are pending at your end and to whom you should handover the charge within your last date in office i.e. dated......................under proper acknowledgment on the spot.

 

 

kuldeep singh (software developer)     09 April 2015

My Manager asked to do so verbally.

my official notice period is 90 days and serving for 90 days .

Kumar Doab (FIN)     09 April 2015

The notice period for a Software Developer may not be 90 days neccesarily!!!!!!!!!!

 

You are under no obligation to serve notice period for more than 90 days, in any case.

You should submit carefully structured communications and build favorable written record under proper acknowledgment..........................and submit FINAL Resignation.


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