Notice period issue in differing offer letter - CiteHR
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I was recruited in July 2014 in well known IT company (working for client location) with offer letter mentioning 30 days notice period. This assignment was completed in June 2016 and I was subsequently put in another project (client location) in Aug 2016 with increased remuneration. The remuneration clearly mentioned the details of package and mentioned "The other terms and conditions of employment will remain unchanged." There was no other offer letter issued with new PO initiated.
Now I am selected to join new company where i mentioned 30 days as notice period and have received offer letter for the same. I have initiated resignation but my HR is stating (verbally) that since 2016 your notice period is changed to 60 days and this has to be served. My client also mentions to serve 60 days (verbally). I do not hold any document and neither do payroll company holds offer letter that states 60 days notice period. I have written my HR to give me proof of offer letter that mentions 60 days notice but i haven't received any written confirmation or document.
I am now in trouble where both payroll and client are asking to server 60 days and I have future employer asking to join in next 30-40 days else offer may get released. I do not hold any document that list 60 days notice neither payroll company.
1. What options do i have here so that i can join new company and not get sullied by both client and payroll and lose out on experience letters.
2. Are there different offer letters concept. I doubt cause my Increment letter received in 2016 clearly mentions " .... remain unchanged."
3. With valid proof of offer letter I am subjected to only 30 days notice period, should i challenge this somewhere.
4. What if I do not serve the remaining 30 days and give out the monthly salary. Will this effect my experience letters.
5. Can the payroll company produce/make/false create another offer letter dated Aug 2016 ?
6. What should be my actions at this point, considering I came to know of this after putting resignation paper to company?
In dire needs, please help!!!!
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There is nothing verbally in company , you have a proof as letter in that mention 1 month notice period. Its your company fault that they did not infrom you about new policy.
So, they forced you then consult some good legal person and send company legal notice.
Thanks Amit.
Now my parent company is agreeing of serving 30 days but client is asking to serve 60 days as changed policy since 2016 for contractual employees. I have no confirmation of this from client nor from company.
What should be my legal option. Should I consult legal person to file a case against this. Also I want to make sure that I am able to join my future employer by the give date of joining.
Also, on what grounds can client keep me on extended stay of notice period. Do client have any say on my fnf settlement? Does it have anything that can hold my experience documents.
If my parent company allows me to leave me in 30 days and client files default with my payroll org, payroll co can stop my fnf and experience letters ?
What if I join future org and get the relieving date/experience letter later on with lwd of future date.
Dear colleague,
You are legally on sound wicket as far as giving 30 days' notice is concerned in the absence of any written document about giving 60 days' notice from your parent company.
Your client company has no say in this matter.
Given this position, to keep good relationship with your client , inform them your inability to work for 60 days as you have to join new company on completion of 30 days notice period.
Since your parent company has now accepted 30 days' notice period, your separation hopefully will be smooth .
You will yet appreciate that since the project you were working on is likely to suffer until replacement is made available, you don't have to ride roughshod with either of the companies - parent co and the client co and have to leave in good taste.
Vinayak Nagarkar
HR- Consultant
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