Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Vmlakshminarayanan
Sr.manager - Hr&admin

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I am working on consultant role with a known CSR. Initially they made me sign a 2 year contract with them. I have completed 1 year and they have sent me a new contract of 9 months to sign within 6 days. In the case of new contract I believe the old contract is terminated automatically. Now I have resigned from my post and declined to sign a new contract they sent to me. They are now forcing me to serve a 3 months notice period.
My question is if I have not signed the new contract am I still eligible to serve notice.

Dear Taruna,
The previous fixed contract of employment is already over with the expiration date. If at all the employer really wanted to extend the contract further , he ought to have taken steps earlier so as to get the consent of the employee. Therefore, when you have not signed a fresh contract extending the earlier one, you can simply walk away. No need to give any notice. Just communicate this in writing repudiating their claim for the service of any notice period.

Hi Taruna,
Prima facie it appears you have no obligation to serve any notice period. However,
Can you just read the contract/agreement terms fully once again, is there any clause reg.'termination of contract or extending the contract', either implied or explicit, either in midterm or after expiration. Any clause meaning such as.. "contract ends automatically without any prior notice'. Is there any other clause saying, as 'extendable' on mutual terms.? If in case, in order to definitely say you are right.
I also presume you are not willing to serve them anymore under any condition. I which case you'll have no obligation. How they are forcing you, oral or in writing, any settlement pending, arrears to come?

Hi Kumar,
No there is no such term as "termination of contract or extending the contract" or "contract ends automatically without any prior notice".
However there is following line
" The agreement shall be terminable by either party without assigning any reason, by not less than notice of 90 days in writing."
Here the case is this:-
I have completed 1 year contract on 9th july. Now they sent me a new agreement of 9 months to sign within 7 days only if "I agree with terms and conditions of the agreement". I have resigned in those 7 days period ans declined to sign the agreement. In this case I believe I do not have to serve the notice. Still I am ready to serve 15 days notice to hand over my charges and duties.
However still they are forcing me to serve notice of 3 months. I don't know if they are right.

Dear Umakanthan.M Sir,
Thanks for the advise.
Yes you are right. But the case is little difficult.
I have 2 contracts in hand
1.) A contract of 2 years which I signed at the time of joining and will expire on july 2020
2.) They have sent me a new contract on completion of 1 year which I have not signed and resigned.
Now they are saying that the new contract is just formality and they will consider the old contract only. But if they are considering the old contract why they have sent a new contract to me.
Please guide in this case do I have to serve notice period of 3 months.

Kumar &Umakanthan.M Sir
My reorting officer and HR both are not giving me anything in writing.They are not even taking courtesy to revert to my resignation mail. My boss is not asnwering my calls. My office is in different location and my reporting is in Mumbai head office so I can not meet them in personal.
Its been 4 days to my resign and as per my contract my last day was 9th July.

Hi,
Ideally, there being a clause of 90 days notice period serving in the event of termination, you should serve the said notice period for avoiding further complications. The employer may with-held your full and final settlement of dues. The employer may not give you relieving cum experience letter/certificate. The employer also may not give positive reference check from your new employer. It is true that the employer cannot take much legal actions against you for not serving 90 days notice, but you will ultimately have to spend time and money to rectify the above things. It is better to mutually discuss/negotiate with the employer and convince him to waive the notice period of 90 days.
Regards
Adv. Manish Gadre

Dear Manish Sir
They have offered me a new contract stating "superseding all previous contacts" which means all previous contracts are invalid at this point.
I have refused to sign a new contract means I do not have to serve a new contract.

Quote:
" No there is no such term as "termination of contract or extending the contract" or "contract ends automatically without any prior notice".
However there is following line
" The agreement shall be terminable by either party without assigning any reason, by not less than notice of 90 days in writing." "
.....
" I have 2 contracts in hand
1.) A contract of 2 years which I signed at the time of joining and will expire on july 2020
2.) They have sent me a new contract on completion of 1 year which I have not signed and resigned."
----------
Unquote:
Let me understand your terms clearly -
It seems there is a catch, but pl.clarify me clearly, is this impugned contract for one year or for a term of two years. You said "I have '2 contracts in hand'". What is that you are talking about, 2 contracts ? or this is one and the same contract for a term of 2 years which is to end by 2020, which you have just completed one year i.e. the first year and the 2nd year commenced. (Are you still attending to the assigned duty or stopped on your own?). And they ask you to sign a new contract for one year in place of the existing/running contract of 2 yrs. And you are not willing to continue for the 2nd year of the contract. Hence they ask you to serve the notice period of 90 days.
Pl.clarify before I could come out with my opinion.

Kumar S
Yes. I have 2 contracts in my hand.
Contract 1 - Issued on 9th July 2018 which I signed at the time of joining.
Contract 2 - Issues 20 June 2019 Which I have not signed.
Please see attached files and let me know what is right thing to do in this case.


Attached Files
File Type: pdf Agreement2.pdf (1.27 MB, 21 views)
File Type: pdf Agreement1.pdf (816.7 KB, 21 views)


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