Kamalkantps
Advocate
Ashoknegidi
Training Operations - Csr
Loginmiracle
Consultant & G.m.
Ajrawatsingh
It Company
+2 Others

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It is 2.5 Years with my current organization as Software Engineer.
During joining period, i was told to serve 1 Month Notice period in case of resigning and same is mentioned in my Letter. In Between my tenure, Company get 3 Resignation from most critical resources. Through Mail and verbal discussions, company extended it\'s notice period for EVERY employee to 2 Months but we do not sign it any where. It is just mail information about changing policy.
Now, I got selected in new firm and they said me to join in 30 to 35 Days.
I communicated with My boss and he is saying that i am very critical resource and i need to serve 2 Months notice period. That is not possible as i will loose my new opportunity and i am very insecure and harassed by boss\'s comments and have resigned now.
I want to get out of situation whether to get into Court or Police, but fruitfully.
I do not want to take action out of mind as if it impacts company but may be also ruin my career.
Please suggest

From India, Mumbai
Dear Mr. Singh,
My suggestion is go ahead with new opportunity and joined them, as you have not signed any paper for notice period extended.
Mail copy is only for information not for process. Challenge them verbally and cool .

From India, Mumbai
Dear Mr. Singh,
You have to serve the notice period of 2 months because the management instructed regarding notice period through mail. you would have given mail if you have not accepted the notice period. The organizations policies are so flexible and can be change.
But you have option of buy out policy and discuss with your boss get it resolve ASAP.

From India, Hyderabad
Dear Mr. Ashok,
The policies cannot be rolled out so easily. There is always a prescribed procedure to do so as per Law. There is a section under ID Act 9A. Please go through it care fully and decide for yourself. Any condition or term which impact employees adversely cannot be implemented so easily.
There are many flaws on management's side here
1. They have just rolled out a mail of intimation, which in this case not right as legal path has not been followed by the company and moreover it is a very simple rule when it comes to agreement free consent is very necessary. Which is totally missing here.
2. they have not sought any approval also from appropriate government, i am sure of it. this is again wrong.
legally speaking if the employee goes to the court, the management may get into deep trouble.

From India, New Delhi
Mr. Kamal Tayagi

Thank you for telling still i want to add in my Offer letter which i got in 2010.

Mail From Company about extending: (just overview)

Company is growing critical clients etc.our management and development team picked up couple of important projects. With Client’s interest in mind, we change our Resignation Notice period. as we have experienced most companies have moved to two to three months of notice period, in our recruitment process. as a result with companies practice THE COMPANY also making our Resignation Notice period to minimum of Two months from immediate effect. The addendum to your appointment letter would be issued in next few days. Also We invite the attention of all the employees presently in service of the company to clause no 9 of THE COMPANY Employees appointment letter where by it has been decided by the company to increase the period of notice from 1 month to 2 months with immediate effect April 2011.

There clause which is given below:

Termination/Resignation/Relieving:

After Confirmation, you may resign from services by giving 1 month written notice to THE COMPANY. It shall, however, be open to THE COMPANY to accept your resignation with effect from any date earlier than the one offered by you in your resignation at its sole discretion.

I don't think it is legally correct.

After that our three resignation goes on 45 days 55 Days, because they had that much time but that is not fine in my case.

From India, Mumbai
Secondly My next company is demanding: 3. Experience Certificate/s Which my boss will give me on the last of my relieving.
From India, Mumbai
Dear friend,

There are a few things to be noted in this instance:

1. Firstly, it appears, the communication by e-mail extending the notice period to "2 months" is an action of "after thought", this didn't have the concurrence of the employee concerned nor form part of the original terms of the apptt. order. It will be difficult for your co. to defend in case of any litigation;

2. Secondly, no one can stop any body resigning and joining other employer even when they are under "an employment bond" so you can join, but notwithstanding -

3. Thirdly, if & when your new employer insist for an "experience certificate" before joining, in all probability your selection is subject to this certificate, your position is very precarious. You'll land up neither here nor there.

4. Even if you join, I hope you'll not land up with police as this at best could be a civil suit if and when arises.

So I could suggest you better give a request letter to the new co. for extension of time and try to obtain the experience certificate which will be helpful in future also. If you are desparate go ahead and face what may come.

All the best pal.

kumar.s.

From India, Bangalore
Dear Kumar,
Thank You friend.
New co. gives me the best they can and i feel i should not talk to them.
They said me 35 days and also said that they can manage up to 5 days,
but i don't think they can manage for 25 days more.
I put resignation of 30 Days as per my appointment letter.
As 5 days already gone and got no reply from boss, i will talk with him again and i think the next i need to do is to take help from Law.
1) Experience Letter Block
2) Career Block
3) Breaking my signed terms and conditions
4) Harassment

From India, Mumbai
Dear Ajrawat,
In my opinion after joining the next company you should talk to your next company that you will provide the experience letter in one months time. Hopefully they will agree to it. Then talk to your boss regarding it. If they remain adamant on not giving you the same you can take legal help and complain against them before the local labour commissioner. You will definitely get what you desire.

From India, New Delhi
Thank you Mr. Kamal Kant..
Today boss said that he will only agree if i will be with him till end of project i.e 30 Nov as i put resignation on 16th Nov
and he will give me approval on 7 Dec i.e after 22 Days. He gave verbal surety.
I have a feeling to believe him as TL also conveys that he will help me in getting the approval (what he need is proper backup of projects, which i will surely give and will support him after leaving company too) but he also added if at end of project if any issues arises by client then it will be bit difficult for them and may be i have to pursue 20-25 days or more (45-55 Days). which is again out of reach and new firm is not agreeing on it
My one sense says to believe in them as TL is very helpful person and TL has to say OK to me while taking followup of projects, but TL is not final authority.
If i will not able to get Approval at 7th of Dec, will i be able to eligible for legal help and should i wait for that long (22 days)?

From India, Mumbai

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