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Need Help Regarding The Notice Period

Discuss anything relating to Consumer Law

Need Help Regarding The Notice Period

Postby Mistie » Sun Dec 11, 2016 9:51 pm

after giving resignation and serving 2-3 days notice period, my manager and HR person both are not agree to revert acceptance on the email and also not agree to give me any relieving letter.

please help me what should i do..

i can't serve the notice period as new org is not extending my joining date.

ANSWER: You are to submit formal notice by hand/post to your employer to terminate your service contract.However, now-a-days electronic transmission is also treated as a valid vode of communication even by the courts.However,you shall have to comply with the notice period, as stated in your contract.

In view of the above, kindly ensure to serve apprpriate notice to your existing employer and at the same time seek extension of time from your new employer.Merely sereving 2/3 days notice will not be adequate for the purpose.Please take all actions in consultation with a lawyer to protect your interest.

---------- FOLLOW-UP ----------

Hi Sir,

Thanks a lot for the prompt response. I already have had conversation with my new employer and they are not ready to extend the joining date.

however, as per the appointment letter of the current company states that, either i have to serve the notice period of 30 days or i will have to pay the gross amount in the lieu of the same duration.

in my resignation i have already mentioned that i'm ready to make the payment on my full and final as per company norms.

still can they make me bonded to work with the organisation and take any legal action against me. According to the appointment letter statements can I leave the company without getting any acceptance revert?

i have had a lot conversation with all management guys, but they're not ready to hear even a single word from me except serving at least few days notice period.

ANSWER: It appears that as per terms of your appointment letter ,you have to serve of 30 days notice or pay in the lieu thereof.Therefore,your employer is legally bound to release you as per your notice by making necessary adjustment against your payment.By not acting upon your notice, they are doing a breach of contract.So, please issue a legal notice to release you as per your notice and threatening them that otherwise you shall be compelled to take suitable legal actions against them.However, please do not pay any amount from your own pocket because they can adjust shortage in your notice period against your outstanding dues.Since you have acted as per the contract,even by taking legal action,they cannot make any gain.Rather, the court may direct them to act as per their contract.Here only problem is that court proceedings are too expensive and time consuming.So, ultimately it may not serve any useful purose to yu.They can ofcourse request you to work for a few more days so that they can arrange to make a suitable substitue for you.It is quite a resonable demand by them ,though legally they cannot compel you to stay beyond the date mentioned in your notice.If you do not listen to them,they may not release you and may cause unnecessary mental tention.So, as already advised by me,best course woud be to seek a few days extension for joining time to your new employer.Otherwise ,please ask them to send a request letter to your existing employer to release you immediately.You shall have to take a very prudent decision on the matter,so that you can peacefully leave the present organisation and simultaneously join the new organisation.

---------- FOLLOW-UP ----------

Hi Sir,

Thanks for your advise, they acted exactly what you said that they are asking me to continue for one more week. But still i'm unable to extend my notice for even a single day.

I have received a call from HR for the same discussion, and tried to convince them but they are not. hence i told the HR person to give me in written that they can't relieve me and she did the same.

now I am replying him as below - Thanks for the email. As per the terms of my appointment letter, either I have to serve of 30 days notice or pay in the lieu thereof. However, I am ready to pay the full and final amount as per the company norms. "I already have handed over my job responsibilities/work to the respective supervisors.

Request you to please accept my resignation, as I will not be able to continue my job after today(8th Jan’2013)."

and i'll have to leave today without any acceptance as i have all e mail conversations with me.

please advise
Mistie
 
Posts: 31
Joined: Tue Feb 11, 2014 9:22 pm

Need Help Regarding The Notice Period

Postby Ogelsvy » Wed Dec 14, 2016 2:48 pm

after giving resignation and serving 2-3 days notice period, my manager and HR person both are not agree to revert acceptance on the email and also not agree to give me any relieving letter.

please help me what should i do..

i can't serve the notice period as new org is not extending my joining date.

ANSWER: You are to submit formal notice by hand/post to your employer to terminate your service contract.However, now-a-days electronic transmission is also treated as a valid vode of communication even by the courts.However,you shall have to comply with the notice period, as stated in your contract.

In view of the above, kindly ensure to serve apprpriate notice to your existing employer and at the same time seek extension of time from your new employer.Merely sereving 2/3 days notice will not be adequate for the purpose.Please take all actions in consultation with a lawyer to protect your interest.

---------- FOLLOW-UP ----------

Hi Sir,

Thanks a lot for the prompt response. I already have had conversation with my new employer and they are not ready to extend the joining date.

however, as per the appointment letter of the current company states that, either i have to serve the notice period of 30 days or i will have to pay the gross amount in the lieu of the same duration.

in my resignation i have already mentioned that i'm ready to make the payment on my full and final as per company norms.

still can they make me bonded to work with the organisation and take any legal action against me. According to the appointment letter statements can I leave the company without getting any acceptance revert?

i have had a lot conversation with all management guys, but they're not ready to hear even a single word from me except serving at least few days notice period.

ANSWER: It appears that as per terms of your appointment letter ,you have to serve of 30 days notice or pay in the lieu thereof.Therefore,your employer is legally bound to release you as per your notice by making necessary adjustment against your payment.By not acting upon your notice, they are doing a breach of contract.So, please issue a legal notice to release you as per your notice and threatening them that otherwise you shall be compelled to take suitable legal actions against them.However, please do not pay any amount from your own pocket because they can adjust shortage in your notice period against your outstanding dues.Since you have acted as per the contract,even by taking legal action,they cannot make any gain.Rather, the court may direct them to act as per their contract.Here only problem is that court proceedings are too expensive and time consuming.So, ultimately it may not serve any useful purose to yu.They can ofcourse request you to work for a few more days so that they can arrange to make a suitable substitue for you.It is quite a resonable demand by them ,though legally they cannot compel you to stay beyond the date mentioned in your notice.If you do not listen to them,they may not release you and may cause unnecessary mental tention.So, as already advised by me,best course woud be to seek a few days extension for joining time to your new employer.Otherwise ,please ask them to send a request letter to your existing employer to release you immediately.You shall have to take a very prudent decision on the matter,so that you can peacefully leave the present organisation and simultaneously join the new organisation.

---------- FOLLOW-UP ----------

Hi Sir,

Thanks for your advise, they acted exactly what you said that they are asking me to continue for one more week. But still i'm unable to extend my notice for even a single day.

I have received a call from HR for the same discussion, and tried to convince them but they are not. hence i told the HR person to give me in written that they can't relieve me and she did the same.

now I am replying him as below - Thanks for the email. As per the terms of my appointment letter, either I have to serve of 30 days notice or pay in the lieu thereof. However, I am ready to pay the full and final amount as per the company norms. "I already have handed over my job responsibilities/work to the respective supervisors.

Request you to please accept my resignation, as I will not be able to continue my job after today(8th Jan’2013)."

and i'll have to leave today without any acceptance as i have all e mail conversations with me.

please advise
Ogelsvy
 
Posts: 35
Joined: Thu Mar 06, 2014 5:36 pm

Need Help Regarding The Notice Period

Postby Berford » Thu Dec 22, 2016 4:09 pm

If your new employer allows you to join without any release order from your previous employer, then you can join.Once you have served a notice as per your terms of engagement,there is nothing wrong on your part ,if you leave them on the date mentioned in your notice.However, there is a possibility that you may become unemployed , if afterwards your new employer insist for the release order.kindly ensure that such situation will not arise.

With Best Wishes.
Berford
 
Posts: 48
Joined: Tue Mar 11, 2014 4:46 am


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