Dinesh Divekar
Business Mentor, Consultant And Trainer
Neelam Nand
Hr Generalist
Anita P Panicker
Sr Hr Executive
+1 Other

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Dear Sir / Madam,
I am on an employment contract of 1 yr as mentioned in the offer letter. In offer letter it is mentioned that I will get my confirmation letter after 6 months. But no such confirmation letter is given to me.
Now the company has extended its working hours. Previously it was 10am to 6pm and now it is 9am to 8pm. Additional 3 hours without any prior notice.
Suppose if I have to quit this company on basis of these additional working hours.
1. What should be the notice period for resignation?
2. Suppose, If the contract gets over says in 17 March 2013, Do I have to give prior notice, or can I quit sending email on 16 March 2013 that 17 March is my last working day in office.
Need help.
Thanks and Regards
Rupesh

Dear Rupesh,

Though termed as "labour laws", in India in all practical purposes these are "employer laws". Employers have always a whip hand and they have scope to manipulate anything and everything. Non-payment of staff salaries by KFA for the months together, pay disparity between regular and contract employees or mass termination of employees because of "loss of trust' by Maruti Suzuki motors speaks volumes of what I say.

If you do not wish to continue the contract, then you may send a notice well in advance. If you start taking on your employer, they may terminate you on some flimsy ground and may refuse to give service cum employment certificate. Even if such certificate is given with remarks like "contract not continued due to poor performance" then what purpose will it serve?

Your employer has audacity to make 11-hour working day. This only goes on to show that he is ready to throw the labour laws to the wind at his whim. Under such circumstances, I recommend you an amicable separation rather than belligerent one.

Ok...

Dinesh V Divekar

Hi Mr. Rupesh,
I would like to suggest you to first contact your HR department regarding your confirmation status, if you have completed the 6 months probation period.And as already very correctly suggested by our senior Dinesh sir,if you are to resign; let the tenure for you in the company end on a amicable note where the notice is sent across to your company well in advance.

DearMr. Rupesh,

There are certain obligations to uphold the employee contract as it is bound to an employer & an employee. Although, Bonds/ Agreements/ Contracts are uncertain and are deemed to be illegal in INDIA. Please understand Breach of Contract can be done if only one party violates/terminates. There ain't no any hard and fast rule that you may not provide the notice. Your contract may state you may terminate your employment contract by giving your employer two weeks' notice, allowing them ample time to find someone to replace you.

Breaking your employment contract legally can be done if unauthorized changes are made to the original contract. You must be absolutely certain that the original contract does not allow for unauthorized changes to be made in order to consider those changes a breach of contract. For instance the altered timings is one such change in consideration. Nevertheless, serving of notice period is the best way even if you fall within the stipulated period under contract as this keeps you comphrehensible in no quandary for obtaining your experience certificate from the employer.

Dear Rupesh,

Your organization is not following the rules, because as per law the Employers cannot change the terms and conditions of employment, unless his employee agrees to it. Also read below the ground on basis of which the contract can be terminated.

Termination of contract without notice

Both employer and employee may terminate a contract of service without waiting for the required notice period to expire, by paying the other party a sum equal to the salary that would have been earned by the employee during the required period of notice.

An employee may terminate an employment relationship without giving notice to the other party, if:

The employer fails to pay his/her salary within seven days after salary is due; or

He/she is called upon to do work that is not within the terms of the contract of service.

As per law you can quit, but as Mr. Dinesh mentioned they may hold back your Employment Certificate, so see the situation and handle it with care. But surely leave this place as they are just exploiting you, start looking for a new job immediately.

Regards

Anita

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