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
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File Type: pdf Agreement2.pdf (1.27 MB, 16 views)
File Type: pdf Agreement1.pdf (816.7 KB, 18 views)

Hi Taruna,
Your question is not clear and I think it is mistook by other members.
The validity of contract signed by you is in force till Jul,2020 and you have completed one year only. Now they are asking you to sign revised contract which you are not willing to sign. The terms of new contract applicable to you only if you sign and accept it.
However still the first contract signed by you is in force in till Jul,2020 you are bound to follow the terms and conditions of said contract. The old contract terms will get void only if your sign the new contract. So please follow proper exit process as per your old contract.
Just because you have not signed the new contract, no notice required is not logical.
Hi,
As per the agreement contract provided by you, 3months written notice is must. However if you were not able to serve talk to your HR look for solutions like partial notice balance by payment or leave adjustment if your contract rules permit it.
Hi Taruna,
You should have provided these details in your first post itself. It took lot of our members’ time to extract the facts and their valuable time could have been spared.
Now it is understood the facts that –
• You signed a contract (FTC) for a term of 2 yrs. as a ‘Consultant’ (not as an employee though agreement terms have to be applied, but still they offered you EPF contribution) for a remuneration described in Agreement-1.
• Joined on 9.7.18 and hence the 2 yrs agreement-1 is valid till 8.7.2020
• And on 20.6.19 (before elapse of 1st year) the employer offered a fresh contract referred to as Agreement-2 (though not effective as it’s not signed by you yet) for a period from 1.6.2019 to 31.3.2021 (effective for a period of 1 yr.+10 months) which you declined to sign as of now. Presumably they wished to extent your services for another year or so ( from 8.7.2020 to 31.3.2021)
• Your 1 year is getting completed by 8.7.2019 and you are into the balance- 2nd year since then but you chose to resign which is yet to be accepted. Whereas they are insisting you should serve the mandatory Notice Period of 90 days as per the “Termination clause” contained in Agreement-1 which reads as under due to the fact that you declined to sign the Agreement-2 for an extended period.
“ xxxx Termination:
The agreement shall be terminable by either party without assigning any reason, by not less than ninety day’s notice in writing. In case of misconduct or material breach of this agreement, may terminate this agreement with immediate effect. However, in case of work exigencies , can terminate your contract by giving either thirty day’s notice or consultancy fee for thirty days”….xxx …
• Now, going by the above clause you are bound to serve the mandatory ‘90 days’ to come out of the ‘still valid’ Agreement-1. Failing which it’s open to your employer to seek legal remedy for ‘breach of contract’ . As such, I feel , you have no case to defend unless if there are other issues favouring your stand . Or it’s also open to you to serve out the legally valid 2 year term which was to end by 8.7.2020 at the same time declining the extended period offered to you upto 31.3.2021. It’s upto you to establish contacts in whatsoever manner possible with the concerned to sort out the issues.
Thanks for your support. I am happy to serve the notice as I am not looking for any job change. I just needed to know if its right thing or not.
Sorry for consuming your valuable time.
Your team is working great. Thanks once again
Dear Taruna,
As far I am able to understand the move of the management to effect a new contract superseding the earlier one only prompted your desire to resign without notice. Since you have not signed the new contract, it has not come into being and the previous contract still continues as its tenure of 2 years is not yet over. Therefore, the question of 90 days notice on your part arises as per the terms of the contract as your resignation,if accepted, would automatically terminate the contract from your end. So, you have to serve the 90 days notice period as insisted by the management.
Dear friend,
1. As per supplied documents, you are liable to give 90days notice.
2. On date you left the organisation, the first contract you signed was intact position and you left after completion of one year, wheras your term was for two years.
3. You are liable to all the clauses of the first contract. The second contract is immeterial since not accepted by you or signed by you.
Hence you are liable to serve notice even if you have not signed the new contract.
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