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cleopatramoon (dfdfdd)     10 August 2011

Forcing me to extend notice though ive resigned in probation

Hi all,

 

i have resigned in my probation period. the notice period mentioned in my appointment letter was 2 months for both probation and confirmed employees. i am ready to serve my full 2 months notice but they kept on bugging me to extend the notice and work for 3 months. i have replied to their email that as the policy and my apoointement letter says 2 months, i will serve 2 months but cant extend. meanwhile recently they have changed the policy of notice to 3 months and now they expect me to serve the notice of 3 months. there is a clause mentioned in the appointment letter that the policy might be subject to change. watever the case is i have committed to the new employer bout this and now its difficult for me to extend. ive had tonnes of requests made to the management and HR but they refuse to relieve me. can i get an opinion on this please.



Learning

 5 Replies

Kumar Doab (FIN)     10 August 2011

You have mentioned that your company has kept notice period of two months in probation period and has extended it to 3 months.

You have mentioned that, you have replied to the email of some official of your company, by your email that you are unable to extend the notice period in your notice of resignation, from 2 months to 3 months. This reply in writing by you should suffice.

Provided you have not given any acceptance to the communication by email or letter from your company regarding extension of notice period. Kindly note acknowledgment of a communication by email does not amount to acceptance.

You have mentioned that "ive had tonnes of requests made to the management and HR but they refuse to relieve me" Probably you have made requests verbally.

Kindly check your appointment letter and see if company has stated that all terms and conditions communicated to you from time to time shall be applicable and acceptable to you.

Kindly submit a letter under proper acknowledgment, addressed to your appointing authority, MD/CEO,HR Head, Company Secretary, stating that you have submitted your notice of resignation dated............on dated...........to Mr......with effective date of resignation as  dated...............i.e. two months from date of notice of resignation, as per contention of your superiors that you may give two months time to your effective date of resignation. Due to various personal, professional commitments and also related to your future ventures, you are unable to extend the notice period from two months to three months as already submitted by your communication dated..................addressed to Mr.............in response to his communication dated............and request their good offices to intervene and relieve you on your effective date of resignation i.e. dated..............You should write that you are willing to co operate and help the company to complete the tasks within this date, train your replacement if recruited sufficiently in advance, and therefore their good offices are requested to make the necessary arrangements and supply you the acknowledgment of your letter, and also supply you by redg/speed post, on effective date of your resignation acceptance of your resignation, service certificate, relieving letter, F&F, form 16,PF accumulation reports, PF transfer/withdrawal forms, NOC/NDC etc and ensure smooth exit formalities. You should ask to whom you should submit your company property and then submit company property to the designated employee under proper acknowledgment.

Be gentle in your approach. Maintain your goodwill, rapport, with your colleagues, managers, and use your rapport, persuasion and negotiation skills to obtain a written communication that you have completed all tasks on hand and submitted company property and nothing is pending towards you. This can serve as a NDC for you. Acceptance of your resignation, last salary slip, F&F may be sufficient for your next employer to absorb you.

Many employers, HR personnel try to deny some amount to employee on separation and resort to unethical, unfair practices, and incidence of such practices is ever increasing.

Employees shall have to be well informed to face and counter such employers.

If you face any difficulty you can approach o/o labor commissioner and speak to the labor inspector.

1 Like

cleopatramoon (dfdfdd)     10 August 2011

thanks for the detailed reply kumar. i have sent a mail telling its not possible for me to extend the notice period to 3 months and requested them to releive me. they have not replied to the email i sent and they r not at all profesional in this regard. so do u suggest i send a detailed email again telling bout the background as to wen i reseigned and all for further proof if its going the legal way?? wat if they donot reply to this mail too?

Kumar Doab (FIN)     10 August 2011

Submit a letter instead, addressed to your appointing authority, MD/CEO,HR Head, Company Secretary, by regd/speed post with AD. Assign a reference number to your letter. Let any one reply to your letter on their behalf. Your submitting a letter to company is not a legal action against the company but if the situation arises it shall be helpful to you and in your favor.

You can take the help of elders in the family, experienced and competent well wishers or a lawyer/law firm to draft your letter. You may include in your letter if deemed fit, that the recent email increasing notice period to 3 months does not apply to you since you have already submitted your notice of resignation, under acknowledgment.

Your HR, superiors, may or not reply to your emails. If you wish to remain firm on your decision to serve notice period of two months you have to seek and exercise smooth exit without any loss to you.
If any situation arises you can approach o/o labor commissioner. You can visit them now also for clarifications. It is always good to have access to a lawyer, labor consultant, and authority. You get to know your rights.

 

cleopatramoon (dfdfdd)     10 August 2011

thanks kumar,

i will now write a polite email to the hr regarding the new policy and my relieveing details. if they reply negative or dont reply then i will go ahead with the labor dept, my dad being a retd labor officer. i can easily get access to the commisioner and other officers there....

Kumar Doab (FIN)     10 August 2011

A communication to your appointing authority, MD/CEO, HR Head, Company Secretary shall be a better option.

HR personnel are employees of the company and due to orders/processes/policies/compliance matters issued to them or may be they are given absolute autonomy without any interference, or some of them may be inclined to set your case as an example to deter other employees, hence may decide to proceed to offend you.

Later you may end up wasting your time and focus to get the relief from high and good offices.

Your father can advice you at home. Kindly act as deemed fit, and return to forum. Your feedback and experience shall be helpful to many members who visit the forum.


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