Hi,
I am working as contract employee with one of the companies in India. My contract says I need to work a minimum of 12 months and this October it will be 12 months. However, when I asked my employer about resignation they said I can only resign and will have to serve two months notice period after the minimum contract period (which is post October 2022). The contract also mentions that if I resign prior to 12 months I will have to pay them 1 lakh rupees.
I am not sure whats the right thing to do at this point. Am i really supposed to serve notice period after 12 months? Should I serve a notice period now (August 2022) to get released during my contract period itself to get released this October (2022). Please advice. I can share contract letter if required.
Thanks
I am working as contract employee with one of the companies in India. My contract says I need to work a minimum of 12 months and this October it will be 12 months. However, when I asked my employer about resignation they said I can only resign and will have to serve two months notice period after the minimum contract period (which is post October 2022). The contract also mentions that if I resign prior to 12 months I will have to pay them 1 lakh rupees.
I am not sure whats the right thing to do at this point. Am i really supposed to serve notice period after 12 months? Should I serve a notice period now (August 2022) to get released during my contract period itself to get released this October (2022). Please advice. I can share contract letter if required.
Thanks
Since it is mentioned that you will have to serve a minimum period of 12 months, it means the appointment will not automatically come to an end after the 12-month period is over. So notice period has to be served.
This view requires confirmation after seeing the contract letter.
From India, Mumbai
1530This view requires confirmation after seeing the contract letter.
From India, Mumbai
Hi,
Please follow the proper separation process and provide notice period as required. Please refer to the separation clause in your contract of appointment. If 2 months notice not mentioned in the contract then you are not under any obligation to serve 2 month notice.
From India, Madras
Please follow the proper separation process and provide notice period as required. Please refer to the separation clause in your contract of appointment. If 2 months notice not mentioned in the contract then you are not under any obligation to serve 2 month notice.
From India, Madras
Once the fixed term for which you were appointed is over the contract stands terminated automatically. If the contract is to end in October and you are ready to remain in service till October, why did you mention about resignation? You should have simply skipped the offer to renew the contract post October. Now, don't say anything about resignation and complete the original period and once it is over, just leave. When you start doing the handing over, they would come up with the offer to renew the contract which you may refuse at that time.
From India, Kannur
From India, Kannur
Hi all, Thanks all for your responses. I am attaching my contract that mentions about notice and resignation for your reference. Please let me know once again.
The document is not legally valid since it is one sided and even the cost of training (Rs 1 lakhs) is mentioned beforehand
From India, Kannur
From India, Kannur
No issue. The contract ends automatically and after that there will be no employee employer relationship.
From India, Kannur
From India, Kannur
That applies to leaving the company before 2 months. If you are leaving the company two months before, naturally, the notice period clause will be applicable. Moreover, the bond amount (though it is illegal because the amount of training cost is mentioned beforehand) will be effective then. The employer cannot insist two things at a time, he can either ask to serve notice period or ask to pay the bond amount of Rs 1 lakh. at the same time, the employer's demand that you should serve two months (notice period) after the contract period has ended is basically wrong.
From India, Kannur
From India, Kannur
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Serve Right4445.zip
Five Ways To..Serve Your Notice Period Responsibly.pdf