Resignation - notice period
Querist :
Anonymous
(Querist) 20 May 2022
This query is : Open
I resigned from an IT services company on 20 April 2022 due to better opportunity and dis-satisfaction. As per the appointment letter, an employee has to give 3 months notice before leaving the company. At the time of resignation I did not have any project/work. Recently the manager has assigned a new task and asked me to complete it before last working day (19th July 2022)  otherwise he is planning to extend the last working day indefinitely. Completion of this new task before last working day may not be possible even i work 12 hours/day.
The date of joing in the other compay  will be on 21 July 2022. If not joined on this date, the offer will be cancelled. They may extend only a few days on request.
My anxiety now is that if the current company will not relieve me on or before 19th July 2022, I will become jobless. Because I lose current job due to resignation and other job offer will be cancelled automatically.
Please suggest whether i could file the case in court if current employer will not relieve me before last working day (19 July 2022) on the basis of voilation of notice period term.
Regards
krishna mohan
(Expert) 20 May 2022
If you want to join new company, reply him that the task is assigned at the last hour and will need more time and hence may be assigned to someone else. Seek for relief on the date based on which you have submitted resignation.
kavksatyanarayana
(Expert) 20 May 2022
Don't guess your manager will extend your period. But you must tell him that you are already resigned and get be relieved on or before 19th July 2022. You shall also try to complete it and if not possible tell the fact to your manager. Then consult a local lawyer for further guidance.
Dr J C Vashista
(Expert) 21 May 2022
Besides the well analysed, opined and advised by expert Mr. Krishnan Mohan and Mr. Kavksatyanaryana, which I fully agree, you may avail alternate opportunity to forego / refund salary for remaining notice period and either you do not accept new assignment or do not attend your present duty (where you have stated to have resigned).
Querist :
Anonymous
(Querist) 28 May 2022
Thank you experts. There is no notice period buyout option here. Recently the resignation has approved automatically online by supervisor. ( if the letter is pending more than 20 days, it is auto approved by supervisor online). But the clearance will not be given if assigned task is not completed by last working day. Till now the amount of work that can be completed has not yet decided or could not be estimated since the project is new.It will depend on individual ability. Looks like everything depends on understanding and on discretion of company, law could not interfere here, since the clause was not clear in appointment letter.
Regards
Querist :
Anonymous
(Querist) 28 May 2022
If manager does not have good intentions and try to trouble by not issuing relieving letter, what can be done? . It is difficult for an employee to show any proof in front of court.
Querist :
Anonymous
(Querist) 28 May 2022
The resignation was auto approved by manager on system. If manager does not have good intentions and try to trouble by not issuing relieving letter, what can be done? . It is difficult for an employee to show any proof in front of court.
