anji 10 August 2018

Notice Period to serve to my Employer

Hi Sir, I'm working as a contract employee for X company and working in client location from last 8 months. As per my offer letter received from my contract employer , it clearly says below lines- "Your services are liable to be terminated by 30 days notice on either side or payment in lieu therefore.The notice pay amount shall be calculated on your last drawn basic salary. You shall also be bound to give similar notice of resignation at the time of leaving." Now I got offer from some other company and I kept my resignation email yesterday to my employer saying I'm resigning from today and will serve 30 days of notice period from today. He didn't pick my call yesterday and didn't respond to my email also. Today I sent email by copying HR manager. Now he replied to my email saying we spoke with your client manager, he's not willing to accept your resignation.... What I have to do now? Do I need to follow the notice period of 30 days as mentioned in Offer letter or do I need to wait for my employer to accept and give my last date. Moreover I have clearly given last date to my employer by considering 30days notice period as mentioned in Offer letter. Please advice. If I don't get relieve by 30 days I may get some problem in my new company.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 10 August 2018

You have contractual liabilities towards your employer not towards your company clients.

You serve your 30 days notice period as mentioned in offer letter. Employer cannot bound to you work until his client gives green flag this is against law.

If the contention your employers is accepted then your employer can retain you for life if his client does not give red signal.

anji 10 August 2018

Thank you very much Deepak for your valuable reply.... From morning onwards I'm feeling tensed by thinking how things will get solved with my employer, now I'm very happy after seeing your response...

anji 11 August 2018

Hi Deepak, I sent my resignation mail by mentioning 30 days from today as mentioned in my offer letter, But My employer sent below email - how should I respond now..please advise... "Please be informed that your resignation is not yet accepted. We have already informed to client on the same, and manager is not willing to accept your resignation until they have a replacement identified. Once we receive the confirmation we shall confirm you, your LWD. Also as mentioned yesterday kindly don�t commit any start date to your new employer until you receive confirmation on your LWD." Please advise.

anji 11 August 2018

After this mail from my employer, I spoke with my Client manager, he said to me that it's not in our hands,you can follow as per your employer policies. He said your employer should take care all these replacement activities. I understand my employer is playing a game now, how/what should I do now