Need Legal Advice regarding Notice Period

Dear Pratik,

Leave aside any controversy, as your last point (iv) sets aside every other thing. Since you have not signed any ageement with the company that is not binding on you. ven otherwise also, a notice period is man for a regular employee, not as a trainee. You just need to look for the provision if there is any for the trainee, if the management issued any letter to you askin for joining the training.

Dear Pratik,

I will differ on this point with Mr. Dhingra because u have taken 4 salaries from them after taking appointment letter and though u have not returned signed copy it will consider as implied consent if the matter comes before the courts. But the conditions in the appointment letter should be equal to either side otherwise these will be considered unreasonable under indian contract act which governs the job contracts. In your case your employers have imposed unreasonable conditions which are only one sided and favourable to them and the contract will be declared void if the matter comes before the court. You should firstly try to sort out the matter amicably by talking to your employers but if the matter is not sorted out then it is better to leave the matter because you don't need relieving letter. Otherwise the only remedy left is civil court.    

First of all, thank you very much for these valuable information from experienced people like you..

I was also wondering the same thing like Suggested by Mr. Avinash that after completing the formalities regarding PF, Gratuity, Nominee etc on the first day itself and working & taking salary for 4months; can I at all claim that I am not bound by your rules, since I didn't give the the signed copy back... Also note the fact that I have worked for two months even after receiving the letter w/o raising ne question..

Also even though the appointment letter is gvn almost after two months, but it bears the same date as the date of joining.. So its like the letter was given on the first day I joined, although it's not the case..But this doesn't matter nemore, since there is some recent development, which I am gonna tell u now..

I talked to HR, she told me that company wont let me buy out complete notice period of three months.. I have to give at least one month notice, then IF THE MANAGEMENT APPROVES, then only I can buy out the remaining two..

Also I have asked her about the onesided contract. But she told me that the first one is about RESIGNATION, second one is about TERMINATION!! She told since I'm resigning, the second point does not come into picture!! I'll again copy the two conditions for easy reference..

i) YOU ARE REQUIRED TO GIVE THREE MONTHS NOTICE PERIOD FOR RELINQUISHING YOUR EMPLOYMENT WITH US. (This is the rule regarding RESIGNATION as per the HR. Notice that nothing is mentioned whether this is for Trainees, Probationers or Permanents. But she claimed it is for everybody!!)

ii) DURING THE PERIOD OF TRAINING, THE COMPANY RESERVES THE RIGHT TO TERMINATE YOUR SERVICES AT ANY TIME WITHOUT ASSIGNING ANY REASON AND WITHOUT NOTICE OR ANY PAYMENT IN LIEU THEREOF. (This is the rule regarding TERMINATION as per her. She told this is not valid for you, since you are resigning!!)

Now I have submitted my resignation giving notice of 1 month. But as per the HR, it may so happen, they may not approve the resignation. In that case, I'll have no other option but to leave as an Absconding Employee, even after serving one month notice..

Now my question is, if they do not approve my resignation, can I ask in written why it was refused?? Since I am giving one month notice & ready to pay out the remaining two months & I dont have any liabilities to the company, can they at all refuse my resignation without any valid ground??

Last but not the least, I am also trying to settle the matter as amicably as possible, but likewise suggested by Mr. Dhingra, I dont really expect much from the management. They wont relieve me just to deprive me of the experience cerificate..

No they can't refuse to accept your resignation because no employer can forcibly ask an employee to serve for him. To get experience certificate is employee's right and no employer can refuse to issue that. Moreover when you are ready to serve for one month and pay for two months then your employers should't have any problem. But if they still refuse to issue to you experince certificate then you should approach labour authorities first.

The learned experts/membres have given their valuable suggestions, guidance, education and clarity.

In conditions as mentioned in the query one should not rush.

Moreover you were not satisfied and you had decided to seperate from the employer.

Therefore ;

You should have returned the appointment letter along with  a covering letter  addressed to your appointing authority ,stating that original appointment letter and terms and conditions of the appointment  were asked by you on the first day of your being asked to start working i.e dated ... since you were made to fill up and sign and submit forms by hand,namely PF...and ... ,but appointment letter was not provided to you , and yu reminded in person,however the appointment letter dated ...( write date on it i.e date of your joining) has been handed over to you by .............desgnation..........on dated............only at (mention complete office address) and you were asked to sign a photocopy and return it.

 and that you are not satisfied with following conditions,..........

and that you have following queries...........

and that why the appointment later dated ..........was not handed over to you on....the date of your joining.

and that your queries may be replied to your satisfaction and to the satisfaction of rules pretaining to the lawful implications.

Please note that as per law of the land company has to deduct PF, and company got that liability  completed from you, however by this neither company has obliged you, nor has done any charity.

You may express yourself appropriately in writing and may mention your representation with HR mentioning her name..designation......office address............and submit as mentioned above.

You need to have written evidence in favour of you.

The company has already done what was suitable to them and weighed towards them.

You have all the right to raise objection, query, in polite manner and submit your contentions.

You may submit your resignation under acknowledgment,mentioning date of your resignation, and if you have time you may mention that you are willing to cooperate and shall help to complete the work and handing over the charge and the company should ensure that all this is completed within   dated..........and company property i. e...is collected from you under receipt,and that after date..you shall not serve the company.

In advance,collect all your salary slips,leave record,leave approvals,attendance record printouts,PF number, etc and prepare the list of company property and compile any receipts you might have signed.

As  pointed out by experts you may resign statting as adviced and suitable to you.

As expressed by learned experts/members and interperated by HR company may not agree.

You mar resign after receiving yur current month salary if it suits you.

It shall be appropriate to be prepared.

You may act smart.Wriggle out of the situation.

Use your rapport, goodwill,resources and obtain acknowledgment as suitable   to you from the workstation/reception where all post is received,and you may obtain work experience certificate from your boss.

Dear Sir,
Good Day,

I am working with an organization as Management Trainee , with the traineeship till May 2011 , currently I have resigned and they are asking me to serve 60 days notice which has been incorporated in to my offer letter. My question is whether a trainee needs to abide by notice period? Is there any provision which says that the trainee can move out on zero days notice or less than 2 weeks.The HQ of the firm is in Mumbai, if so which laws govern this notice period as stated on the offer letter. I need to move out ASAP due to personal reasons. Kindly advice. Best Regards, Deepak

The resolotion to the query of Grandis  suggestions made by learned experts/members to the query of Pratik

e.g. Notice period is not applicable to trainee

In other similar queries learned members have pointed out notice period more than 15 days shall be unreasonable.

The apointment letter is as per Indian Contract Act.

Since your resignation is not accepted,you may collect your salary, salary slip,PF number,  and acknowledgment of your resignation discreetly using your rapport from the desk where all mail is received.

It appears company has not issued any letter and are asking you verbally to serve the notice period.You might have already served for 2 weeks after the date of your resignation.

Since you have exigency, and you have resigned,you may express your inability to continue and quote your resignation which has already been submitted.You may mention that you have cooperated and has helped to complete all the work as adviced by superiors.

You may submit all the company property under receipt, whatsoever was issued to you including visitng cards,I.Card etc and ask for form 16,PF accumulation report,experience certificate and relieving letter, by registered post/speed post.

In case company intiates any action by letter you may  cnsult your service lawyer/law firm and your counsel shall help you to resolve the matter.

Dear Sir,

I have been working in a IT company since 1year 6 months as Senior Software Engineer.Last month I had  resigned from the job and serving notice period of 2 months. After completion of one month of notice the middle manager called me and told, "I am not going to releave you . Do what ever you can".This is because they have given me training on CMMI Appraisal for which I had not signed any agreement paper or Bond. Now my question is , what should be my next step as I have only one month left to join the company given me offer.

Thanks,

Sunil