Notice period issue
Ramesh
(Querist) 03 November 2016
This query is : Resolved
Hi, im working in a private company. I was under contract for 12 months from 19th of October 2015. after completing one one year On 28th oct 2016 i resigned, but now HR is saying that I have to serve for two months notice period. As the contract is expired on 19 oct 2016 and i didnt signed the contract extension document, do i need to serve the notice period?
Kumar Doab
(Expert) 03 November 2016
Do you have copy of contract?
Does HR person say in writing?
Ramesh
(Querist) 03 November 2016
Yes ive a copy of contract, whis has been expired. HR informed me to serve notice period by saying only.
Kumar Doab
(Expert) 03 November 2016
Post the extract of Contract pertaining to notice period/termination/resignation/extension.
Rajendra K Goyal
(Expert) 03 November 2016
You can show the copy of contract agreement, whether it contains any clause of notice period.
Ramesh
(Querist) 03 November 2016
Your services have been engaged by the company on a contract basis of Twelve Months. You would be governed by our standard code of conduct, which entitles strict adherence to confidentiality and ethical norms. In the event you desire to leave the services of the company, either during training period or thereafter, you will be required to give the company Two Month's notice in writing. The initial engagement shall be for a period of Twelve Months and shall be extended based on your performance.
Ramesh
(Querist) 03 November 2016
The above is the part of contract mentioning notice period
Kumar Doab
(Expert) 03 November 2016
Apparently the notice period is during the currency period of contract.
You may claim if required, that contract was not extended hence the relationship in itself ended on dated..................after 12 months and claim the wages for period of days.............. after it.
Ramesh
(Querist) 03 November 2016
its dated on 19th oct 2015, and after 12 months, ie 19th oct 2016, its expired. still hr is saying that i have to serve notice period for two months. In this scenario can I leave any time right? If they refused to issue me experience certificate, can I move legally?
Rajendra K Goyal
(Expert) 03 November 2016
If they have proceeded to extend the agreement already and / or you have not given two months notice before completion of present contract that you would not extend the agreement, you are required to serve for notice period.
Ramesh
(Querist) 03 November 2016
One week after the expiration of contract i resigned and on the same day they offered me to extend the contract which i refused to accept as i got better offer from other company. Still am i required to serve notice period?
adv.bharat @ PUNE
(Expert) 03 November 2016
Not necessary since contract ipso facto cancelled by law.
Ramesh u can join other company with out experience certificate.
Will u appreciate this answer by giving THANKS on my LCI profile?
Rajendra K Goyal
(Expert) 03 November 2016
What was the reason given in the resignation letter?
Ramesh
(Querist) 03 November 2016
I mentioned that ive got better offer.
Ramesh
(Querist) 03 November 2016
@adv.bharat sure sir.
Kumar Doab
(Expert) 04 November 2016
Before or on date of expiry of contract the contract was not extended.
Ramesh
(Querist) 04 November 2016
Yes. Only after a week they started the process.
