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Nilesh (Share Market Trader(Individual))     17 May 2012

Urgent-problem in notice period

I need your guidance, tragedy came to know from my new employer saying that u will have to join on 9-June-2012 (in one 1 month) whereas I have putten a resignation for 45 days and last day will be 28-June-2012 as per my resignation email.

Now what should I do?....

 

Today itself i will have to resend the resignation by adjusting. Please guide me what to put in the mail.

 

Please guide now what????...........

 

PLzzzzzzzzzz



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 8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 May 2012

Depends on the contract that you've entered into with your employer if it stipulates 45 days notice period then I am afraid you'd have to give up on pay in lieu thereof. 

Nilesh (Share Market Trader(Individual))     17 May 2012

Notice period as per contract is 3 months but my next employer was forcing me to join in 1 month where as i had putten 45 days notice period.

Nilesh (Share Market Trader(Individual))     18 May 2012

what should i put a mail to HR and my immediate boss to short down my notice period

Kumar Doab (FIN)     18 May 2012

It is felt that employee can withdraw notice before effective date of resignation.

Employee may submit new notice of resignation with effective date of resignation, under proper acknowledgment. As already explained by Mr. Baharat Chugh and mention that notice pay as per clause .............mentioned in appointment letter dated.............issued by company to him the notice pay may be adjusted in FNF statement and settlement.Let the comapny stateits contentions in writing.

It appears that the company is in private sector.The employer may act in a manner as deemd fit.

The rapport and goodwill developed during the employment and persuasion, reasoning, negotiation skills need to applied to keep the employer in good humour and get favorable response.

Nilesh (Share Market Trader(Individual))     19 May 2012

Hi Kumar,

I have putten a email with reference to my earlier resignation and changed the date with new last day of job. But my existing employer will not reply with acceptance of my resignation.

Please refer my forum topic with Termintation Points given in appointment letter:

https://www.lawyersclubindia.com/forum/Re-Clearance-of-salary-arreas-delcared-performance-incentive-57571.asp

 

As this is a pvt ltd, what kind of actions they can take. May be they will not accept my resignation.

Kumar Doab (FIN)     19 May 2012

Your company has been sitting on payment of your wages............arrears/increment/incentive for a long time. You have a justified reason to agitate.

It is felt that since you are in pvt. sector you are burdened with the speculations. You know your employer better than anyone else. In such situations employee should become smart and apply skills.

It is reiterated that it shall be appropriate to approach a competent and experienced service lawyer with all records and give inputs in person, and let your lawyer structure all communication you may submit to the company. An expert lawyer can handle the situation.

You must represent to your next employer in writing under acknowledgment 9 even if by email) that your current employer may not issue acceptance of resignation, experience/service certificate, relieving letter, FNF statement, etc and you can provide only copy of resignation letter and POD and if acceptable you may be allowed to join. In the absence of an understanding your next employer may press for the documents after some time. Your next employer can accommodate you if he is willing.

Nilesh (Share Market Trader(Individual))     19 May 2012

Hi Kumar,

Thanks..

I spoke to next employer and ready with resignation mail which is been sent to the company.

My worry is not that..my worry is i worked for 4.5 years in future if any of other company asks for verifications they will give bad reference about me. that is the biggest worry...its very dangerous for me...

Anjuru Chandra Sekhar (Advocate )     20 May 2012

Bad reference?  Something that law cannot attend.  Even if you exercise your legal rights to get your genuine dues from the company, they will give bad reference about you saying, "this is the kind of guy who creates problems to employer by approaching courts, he is a trouble maker, don't offer job to him". :)


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