Hi sir
My name is Harish. I joined in one company on 10.06.2022 and I have 6 months prohibition period. From 10.012.2022 My prohibition period is completed. But the company provided conformation letter on 21.12.2022 by mail and by physically they given on 23.12.2022. But I didn't accept my conformation due to some reasons. I didn't signed in conformation letter also. Company saying that signature of employee in conformation letter is only for acknowledge not for acceptance or rejection. I resigned my job after 10 days means 4.01.2023. I thought if I didn't accept the conformation, I have only one month notice period. But company saying that, if once company send the conformation letter by mail or physical handover, you should works for 3 months notice period or you should pay shortfall amount for notice period.
Please suggest that am I eligible for one month notice period or 3 months.


From India, Hosur
Seasoned Ir Professional


Not signing a document given to you by your employer is disobedience and on the basis of that the employer can take disciplinary action against you. It is true that you had refused to sign it because you had another job in your hand. It is also correct that a letter without an acknowledgement cannot be deemed as served to the person concerned. As such, if you leave the company in a month, the employer cannot do anything. But you should not ask a certificate on relieving the company which states that your performance during the period was brilliant/ outstanding/ exemplary.....! The company can very well issue a service certificate which states that, " the performance, conduct of Mr ..... was not upto the expectation/ satisfactory only....." This will finish your ambition. Again when your new employer goes for a background check, the employer will write "No Way" against the question " Is he eligible for Rehire?" That will be a setback to you. Therefore, think and make some amicable solution.
From India, Kannur

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