Thread Started by #Anj

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
21st August 2018 From India, Jubilee Hills
Dear Anj,
Your employer can not force you to work. You have put up resignation from services as per terms of appointment. The best you can do is assertively speak with them, request them to accept your resignation and ensure all formalities are done smoothly.
Regards
Rahul
21st August 2018 From India, Delhi
Hi Rahul,
Thanks for your valuable response.
I requested to my employer, but they are playing game saying that don't commit any joining dates with your new employer. But I replied saying I have already committed by considering the Notice period mentioned in Appointment letter, now they are not responding to my mail....
I have one doubt here, if they don't relieve me on 30th day, can I stop going to office??
22nd August 2018 From India, Jubilee Hills
Dear Anj,
You are a contract employee and your immediate employer is the contractor. There is no contract of employment between the principal employer to whom your services are lent by the contractor and yourself . When you exercise the option of exit effective from a future date and already conveyed the same strictly complying with the terms of the notice clause of your contract of employment, it is the responsibility of the contractor to look after the inconveniences of the principal employer. Of course, no harm in acting on the lines of persuasive dialogue with the the principal employer as well as the contractor as suggested by our learned friend Rahul. However, if it fails to yield any tangible result, you can simply walk out on the expiry of the notice period. Better ensure proper handing over of your charges and the P.E's property if any in your custody. You may also explore the possibility of getting your joining time extended by your prospective employer in view of the problem in your formal relief from your present contract employment.
22nd August 2018 From India, Salem
Hi Umakanthan,
Thanks. But my employer is saying that they don't want to accept my resignation until Client Manager accepts ( I understand that my employer have to find my replacement for my client company,hence they are playing game), I sent mail to my employer saying that 30th (just 10more days left from today)day will be my last working day and help me to relieve smoothly. My employer started saying I will get negative feedback from client company. And they said wait for our confirmation on your last working day and don't commit with your new employer. But I already committed to my new employer by considering 30days notice period as mentioned in my current employment Appointment letter. And I don't want to go and ask my new employer to change joining date because it's very best opportunity for my career.
They are not responding for my mails when I ask where to submit my client employer Access card and all assets, when I call them they are just saying wait for our confirmation,
What I have to do now? Please suggest...Can I stop going from 31st day, and if yes can i go legeally to get my Full and final settlement.
Thanks,
Anj
23rd August 2018 From India, Jubilee Hills
Dear Anj,
I think that I have explained the legal position of termination of a contract of employment by the employee and the employer's obligation to act as per the terms of exit. Of course, circumstances beyond the control of the employer like the pendency of any assignment which the resigning employee alone can complete can be a valid reason for immediate non-compliance :but it doesn't mean that the employer can keep his acceptance of the proposed resignation effective from a future date under suspense. When both the contractor and the principal employer were duly informed, it is their botheration to decide the alternative if any. Though a smooth and peaceful separation is desirable, the employer cannot take the outgoing contract employee for a ride without formal communication of his decision. In such a situation, it is legally right on the part of the employee to simply walk out on the expiry of the notice period. Whether you are willing or not, there is no harm in appraising the prospective employer of the relief problem so that he may himself extend your joining time or insist on your joining with out formal documents of relief considering the problem created by the indecisiveness of the present employer. It is for you to decide and act accordingly.
23rd August 2018 From India, Salem
Yeah Umakanthan,
My employer is not accepting my proposed relieving date, just they are saying me to wait till their confirmation. So I decided to walk from 30th day as per terms of exit. Moreover I don't have any tasks/assignment which I have to complete, and I can able to prove it's a non critical project if needed anywhere.
If I don't go to office from 31st day and if my employer deny my Full and Final Settlement , Experience letter - can I approach Labour office for my rights? Please suggest...
23rd August 2018 From India, Jubilee Hills
Hi Umakanthan,
Can you please suggest , if my employer deny my Experience letter, Full and Final Settlement can I approach Employer Labour office for getting those 2 done...
Please help me
30th August 2018 From India, Jubilee Hills
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