arindam 15 March 2015

Force extension after accepting notice and giving a date

Hi,

I am Software Engineer working in an MNC for about 8 months now. I have resigned from my job on 16th Feb and wanted my last date to be 20th March. After discussion this was accepted and I have received a formal email from HR saying my last date as 20th March 2015.

My Appointment letter and offer letter both days 60 days of Notice or buyout with gross salary after confirmation.

Now last week all of a sudden my Manager says that Client is not happy with my replacement and I need to extend my last day and serve full notice.

My question, even after receiving formal email from HR can the employer just like that extend it? Also I have send multiple emails saying I am ready to buyout the remaining days but they are not ready for that.

I have requested with multiple emails stating that I have signed offer with new company and hence will not be possible for me to extend. From my side I have given all transition and KT required.

Can the employer even after this force me to serve full notice. I have got a job in Singapore and if I don't join in time it will stand cancelled and I will loose the opportunity. '

Please advice.

Thanks

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2 Replies

Kumar Doab (FIN) 16 March 2015

Do you have proof of KT/all transaction also?

On the face of it you have a good case.........and you have narrated properly in the post as above.

However what you have already submitted to your company in writing should be examined.

The carrot and dagger approach may bother you.................as the current employer thru its HR/Line managers may flaunt that it shall suffer loss and won't issue Reliving Letter and next employer may not agree in writing to absorb you without Relieving letter.

You should succeed to get it in writing from next employer.

Can you?

If yes or even if No you may post to proceed further.

T. Kalaiselvan, Advocate (Advocate) 18 March 2015

The written acknowledgement of your HR should help you tide over the crisis in the event of a legal action that may e initiated on either side due to this, take the assistance of a local labor law practicing lawyer if need be.