Forcefully extend of notice period by hr

In this case employee has not been forced to obey the employer for extension of fixed 1 month notice period.
Employee can only extend his notice period if he wish otherwise employer has not been right either of legally for extension of notice period against the wish of employee.

Dear Vikas Thanks for your valuable reply. I have one small confuison that employer is not giving the reliveing letter or acceptance of resignation which is now a days mandatory for employees to join new firm. And my friend is facing lots of problem regarding this because present employer is not responding properly which may lead to lapse of new job.and he is facing lots of mental harassment now a days from present company .so what steps can be done to receive acceptance of resignation from present company legally

If u did nothing wrong with company, and exit fairly without any wrong doing. No employer has right either of legally can dis-allow you for providence of relieving letter or experience letter or if eligible gratuity also.

This is the reply he got from his HR It is regretted to inform you that this organization is not in a position to relieve you in view of non-compliance with mandatory notice period. Secondly, As a responsible person, you have to discharge certain assigned jobs. At the fag end of the academic year a lot of works to be completed.We will discuss with your team leader and may take a call on 20th of February 2018.He may also visit your location to galvanize situation with clients and draw measures for requisite formalities. In case, if you wish to the runway from the responsibilities haphazardly a suitable legal action may be initiated for unbecoming nature

Go through written agreement conditions if any.   The maximum employer can do is withheld your salary by quoting that provision of your appointment order.  The threats of legal action are common.   They have many more important things to attend instead of taking legal action against each and every employee without certainity of winning a case or getting strictures in case if they are at fault. 

If employer after your resignation extending notice period without any pre-written communication before employee resignation date, such rule/s (policy) impose on that such employee is completely null & void.

If employer after your resignation extending notice period without any pre-written communication before employee resignation date, such rule/s (policy) impose on that such employee is completely null & void.

Your friend can safely stop working after serving the required notice period of 1 month. Just keep an email /registered letter with you that you communicated to your organisation properly.They cant do anything if you follow the terms of your apointment.

 

 

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If the HR at the time of joining says that appointment letter is just a formality, clauses of out location are mentioned as can be located anywhere anytime and you have to 2 months notice period for leaving , are these clauses are applicable for probation period, my friend is a single mother and she has joined the company due to nearby distance but after that they shifted to another state at a distance of 30 km whether it is legal. Can she take any legal step against them for the non payment of 2 months salary

If the HR at the time of joining says that appointment letter is just a formality, clauses of out location are mentioned as can be located anywhere anytime and you have to 2 months notice period for leaving , are these clauses are applicable for probation period, my friend is a single mother and she has joined the company due to nearby distance but after that they shifted to another state at a distance of 30 km whether it is legal. Can she take any legal step against them for the non payment of 2 months salary after she had given proper Resignation and handover. First, the HR was saying that they will provide the full final payment on mails but after her follow up they forfeited total payment...Pls suggest what she can do

Transfer is at the discretion of employer from times immemorial and legally upheld.  Let your friend contact Advocate locally so that he can provide correct guidance.

Asking, telling, saying are all verbal modes of communication and difficult to prove.

Notice period is part of service conditions and covered by enactments applicable to establishment and employee.

Notice period of even 30days may not necessarily be applicable in your case, even if IT is inserted in said offer letter.

The provisions of enactments applicable to establishment and employee shall prevail upon any private agreement drafted and signed by employer with employee e.g; offer letter/appointment letter/contract of employment/HR policy/service rules……………………

This has been discussed and illustrated in unlimited number of threads at LCI that you can search in SERACH option and download the illustrations, enactments, citations, judgments…..

For you to understand the finer nuances you must provide details………….

You must not post or attach any detail that gives names/addresses/phone numbers/email id/logo etc etc to maintain the confidentiality…….Erase everything of such kind before you post or attach… 

 

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS, Coaching Instt, School, College, Bank etc etc ?

How many persons are employed in it?

What is your designation and nature of duties e.g; teacher, teaching facluty?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Which service rules/enactments apply to employee e.g; Shops & Establishments Act, Service Rules - Directorate of School Education e.g; Haryana, Delhi School Education Act & Rules, 1973 - Directorate of Education etc etc ?  Who is regulator say; Inspectorate as per Shops & Establishments Act , Dept. of Labor, Directorate of School Education  etc etc {IT is believe that employee is aware of these and have copies).

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted from employee by employer and is not payable by employer to employee?

Or is IT stated that notice pay in lieu of notice period can be tendered by employer and employee; both?

Is IT mentioned that service conditions can be changed anytime and shall be applicable to employee? 

Which is fixed pay day? Has salary not been paid on pay day? Did employer communicate in writing that payment of salary is stopped?

Has salary slip been issued and supplied?

What is monthly salary?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter by employer to employee and employee to employer?

Was ever any stinker, memo, show cause notice on any misconduct, incompetence, non performance/under performance issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance data? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, communication to handover the charge and then acknowledgment of handover of charge, NOC/NDC……………?

 

Post your response pointwise to discuss and become properly informed to handle the situation and defend your interest.

 

Is this HR person your appointing authority or has this HR person signed on your appointment letter?

Is this HR person authorized authority to alter/change/amend service conditions like notice period and to accept or reject your notice of resignation and final resignation?

It is noted that this HR person has sent an email to you changing notice period containing threat to take legal action…………….as posed by you.

Has this email been sent from official email if to your official email I or your personal email id?

Do you have the copy?

Did earlier this HR person stated in writing to service 30days notice period (upto 11Feb)?

Did earlier you stated in writing agreeing to service 30days notice period (upto 11Feb)?

If yes, you may attach the said emails alongwith your email tendering notice of resignation (11Jan-5Feb18).

As already posted you may erase all names etc before you attach…