Umakanthan53
Labour Law & Hr Consultant
Janardan_raccha
Sr. Hr Team Member
9871103011
Private Consultant On Labour Laws
+2 Others

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Hello All,
Please be advised as i joined an organization back in July last year. I have signed a 1 year contract with the organization and have completed my 11 months with it.
Now i got an opportunity with an organization and thus wants to resign. I have asked my employer to resign only after i have completed my 1 year.
My notice period is 60 days and it is completing in August.
Please suggest as my employer doesn't want to relieve me. And wants to delay my exit, As i'm a critical resource to the organization.
Please confirm!!
I need help on urgent basis.

From India, Mumbai
Dear Mukul,
Do not require to submit resignation letter as such your signed contract agreement will be over by Jul itself. So once the agreement is over you are free and not forced to work with the present establishment. Furthermore inform your new employer and get concurrence in written for the same.
Regards,
Janardan

From India, Mumbai
Hello Janardan,
As my documents states that i will have to serve 60 days notice period.
So you are saying that I will not be forced to serve any notice period.
Please suggest as i'm not sure and my current employer is telling me that you can only resign after your contract expires and than you have to serve 60 days notice period after that.
Thanks in advance.

From India, Mumbai
Dear Mukul,
Could you please check the clause mentioned in your contract agreement, like the termination of contract & so on...
If your contract is been terminated on so and so date, then where is the question of serving notice period after the expiry of contract.
Regards,
Janardan

From India, Mumbai
Apologies as my next question would be that "Can someone resign during last month of their bond agreement?"
From India, Mumbai
As replied by Janardan, it will depend on the exact terms mentioned in the contract/bond. So this is a theoretical question and needs to be put in context by giving specific information.
From India, Mumbai
Dear Mukulbana,

I am sorry to say that you have not been able to put up your problem properly. Sh Aditya has righly pointed out that if "this is a theoretical question and needs to be put in context by giving specific information".You have mentioned that you have signed one year contract with the organization and have completed 11 months.I am unable to understand the motive of the management in asking a notice period of 60 days from you.I know that the notice period stipulations exist in the service contracts,but the same is applicable when you intend to leave the organisation WITHIN the contract period. Once you complete the period of your service contract/bond, you are free to leave the organisation. You are, therefore,required to check the terms & conditions of your service contract once again for better clarity.If the management still insists for 60 days notice after completion of your service contract,you can take legal action against him or go and join the organization.

BS Kalsi

Member since Aug 2011

From India, Mumbai
Please check as these are the content in my agreement about the work and conditions.
The Employee hereby covenant with the Company as follows:
1. The Employee shall, during the said period of or during such further period as the Company may require him to spend for the training as aforesaid, devote his whole time and attention to such training and shall do his best to which such training and assigned work relates.
2. The Employee shall serve the Company for a period of Twelve Months and shall not rake employment during the said period of twelve months with any other employer.
Please confirm as according to this am I bound to serve the complete notice period.
My agreement period shall complete in July, whereas notice will complete in August.

From India, Mumbai
Dear Mukulbana,
As you have clarified that you shall be completing your training in the month of July.The management should not insist on the notice period as you contract clearly provides that "the Employee shall serve the Company for a period of Twelve Months and shall not take employment during the said period of twelve months with any other employer".You can still talk to management and resolve the matter as it does not seems to be a big deal.
BS Kalsi
Member since Aug 2011

From India, Mumbai
Hello All,
Please be informed that as I got an confirmation letter in January (After 6 Months of Joining).
And in the confirmation letter they have mentioned that your Notice period will be 60 Days from Now on.
My twelve months of bond period completed in July itself.
Please suggest what can be done in this case??

From India, Mumbai

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