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downto earth (team leader)     28 May 2012

Notice period...not getting relieving date confirmation

Dear Friends,

I am working in an IT company since lsat 6 months and i gave resignation on 1-May requesting to releive me by 30-May. As per agreement i have to serve notice period of 30 days or pament thereof. Here is what is written in contract (i am on contract thru 3rd party payroll.

"Except for expiry of a Work Assignment due to completion/expiry of the same or in respect of a Work Assignment of one week or a lesser period of time, either party may terminate this Work Assignment Letter by issuing 30 days notice in writing or payment thereof".

The issue what i m facing i am not getting a reliveing date confirmation yet and my current employer wants to extend my notice period by 10 days. I fear i might loose on the new job where i need to join from 1-June. I just had 2 queries:

1) If I walk out on 31-May since i will be completing 30 days as per agreement can my present employers hold my salary and relieving letter?

2) Can they take an lega action on me since i was told to wait 10 days more but not wited.?

Pls suggest what i can do

thanks

 



Learning

 8 Replies

downto earth (team leader)     28 May 2012

Also pls suggest what i can do to get salalry/relieving letter since i have not violated the notice period clause.

Deepak Nair (lawyer)     28 May 2012

You can freely walk out after 31st May and your employer is not authorised to hold either you or your salary, since you have given a notice as per terms of employment. Your employer cannot take any legal action if you refuse to extend your period.

downto earth (team leader)     28 May 2012

Thanks Deepak...What if they dont give me salary/relieving certificate. Any forum/legal route i can take?

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     28 May 2012

Ld Deepak is right and if the company taken any action you can filed a complaint in police station against the company.

Bhawani Mahapatra (Law Officer)     28 May 2012

Mr. Earth

Your narration suggests that you are obliged to serve 30 days notice before you quit the job, which you adhered to. Hence there is no fault at your end to walk out from the company even if they don't issue any relieve letter to you. But you have to convince your new employer if they ask for the relieve letter. Your current employer has no right to hold  the payment nor have any scope to take any action against you.

So be confident and go ahead.

 

Kumar Doab (FIN)     29 May 2012

Learned experts/members have given valuable advice. Kindly follow it.

1. It is mentioned by you "Except for expiry of a Work Assignment".

Kindly clarify that the reason for extension of 10 days. Is it due to the expected time of another 10 days to complete the work assignment/project or that client is awarded 10 days time to certify that work assignment/project is completed to his satisfaction?

If there is nothing which can be attributed to”Except for expiry of a Work Assignment" there should be no reason to push you for 10 days. It shall be appropriate to convince this company by reasoning and persuasion to your favor and resolve the matter while in job and avoid dispute.

2. The company has asked you to wait for 10 days in writing or verbally?

You must submit final resignation on your last day in office, and mention that nothing is pending at your end (mention details) and obtain acknowledgment. Part at a good note.

It shall be appropriate to generate printouts of all relevant documents. Later company may not grant you access.

downto earth (team leader)     29 May 2012

Thanks Kumar for your reply.  Here are the clarifications for your points.

1) There is no client as such in my work profile. Its a ongoing routine support job and since thye are not finding anybody else and since its a year end (financial year starts from July to June) for them they are requesting me to push 10 days more. I am also trying to avoid a dispute but i seem to be getting no revert to my mails.

2) They have written in mail and requested me to try to wait till 10-June-12.

Kumar Doab (FIN)     30 May 2012

If it is the language as mentioned in 2) by you can politely mention that you have firmed up your next venture w..e.f. dated......................and as per communications received at your end this date is not negotiable and can not be extended. Due to this reason you are not able to extend your last day in office which is dated............and hence can not concur to the email dated………..(sent by company requesting you to extend the date).As a gesture you shall be available for any support and cooperation which is possible at your end.


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