Resigned with One-Month Notice, Now Asked for Two: What Are My Options?

Hi all,

I submitted my resignation on 7th May 2010. According to the company policy at that time, the notice period was one month. However, my manager contacted me to discuss the resignation and informed me that a new policy would be implemented starting from 1st May 2010, which includes a notice period of two months.

I am wondering if I am required to stay in the same organization for three months now, considering my offer letter mentioned a one-month notice period. Also, what are the legal procedures to obtain the relieving letter?

Thanks and regards,
Amit Singh

Hi all,

I have submitted my resignation on 7th May 2010. Until that time, the company policy stated that the notice period is 1 month. My manager called me to discuss the resignation and informed me that there is a new policy set to be in effect from 1st May 2010, which includes a notice period of two months.

Am I supposed to stay in the same organization for 3 months? (The offer letter mentions a 1-month notice period). Are there any legal procedures to obtain the relieving letter?

Thanks and regards,
Amit Singh

Until the new policy is released, you are bound by the old policy. The new policy cannot be retrospective. You are covered under a one-month notice period policy and should be released accordingly.

Regards,
Parul

Hello,

Why are you thinking about your last job? If you left, don't go back there, as your leaves will also need to be balanced. It's not a matter of the notice period.

Dear Amit,

I believe you may have accepted a copy of the offer letter/appointment letter, wherein the terms of employment are explicitly mentioned. This document constitutes an agreement between you and your current employer, and those terms cannot be unilaterally changed. Even if changes are made, an agreement reflecting those changes must be signed by you with prior notice from your employer. Therefore, there is no need for you to worry about completing your notice period, which is stated as one month.

Take care!

Debashis

As far as my knowledge is concerned, there are no restrictions to complete your new two-month notice period. You are bound to complete your one-month notice period after you resign. Furthermore, if there is any amendment in the company's policy after the signing of your agreement, they must inform you in writing and have you sign each amendment. Sometimes, new roles and regulations do not apply to previous employees.

Hello,

The issue here is quite strong and in favor of timasingh. However, in case the organization does not acknowledge the one-month notice period, is there an external platform (Government/Non-Government) for grievance redressal?

I too am facing a similar kind of situation with some differences. In my case, the three-month notice period is well understood between both parties (employee and employer), but there are chances that the organization tries to hold me beyond 3 months.

In these cases, are organizations free to do whatever they want, or is there a legal way out for getting the relieving?

Help is really appreciated.

Best Regards,
rikki_gaurav

Dear Tima,

Any notification of a revised policy or amendment issued after the submission of your resignation letter can't be binding on you, as you are supposed to be regulated by the existing rules as of the date of submission of your resignation. This is in line with the terms already communicated to you, either through the agreement you entered into with the company or through any notification issued thereafter but before the submission of your resignation. Any policy cannot be backdated before the occurrence of any event (resignation in your case) to the disadvantage of the employees. The revised policy, if any, can be applied to future events occurring on or after the issue of the amendment.

You can ask your manager to communicate in writing what he verbally said to you. I am sure he won't do that. You need not modify the period of your resignation notice.

One more thing. Be cautious, if you are asked to receive the amended policy on any later date, don't put your undated signature in acknowledging the receipt. You must put the actual and clear date of receipt on the copy of the office letter, even if you are insisted on not putting any date.

PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi

Thanks to all for the healthy discussion. I had faced the same kind of situation last year. However, after asking about the written documented policy, they denied it. Then, my previous employer released me according to the company's old policy.

Hi,

The new policy will be effective from 1st May, and you have already submitted your resignation on 7th April. Therefore, you are bound by the old policy only.

If you have the offer letter which states that you have to give one month's notice after submitting your resignation letter, then both you and the company are bound by that letter. Secondly, the new policy has not been published yet, so apparently, you are not bound by it. However, to reach this conclusion, you must carefully review your offer letter to see if there is any clause that makes you subject to any new policy implemented after your start date.

For now, simply submit your resignation, mentioning that you will be leaving after one month as specified in your offer letter. Request the manager to provide written confirmation if there are any disputes.

You must have received an offer/appointment letter from the company. This is nothing but an agreement between you and your company, and you must have signed to agree from your end. In that letter, if a period of 1 month is mentioned, then you need not worry about the same. If the management has declared a 2-month intimation period, but if it's only oral, then it will not make sense. They should provide it to you in writing, and you should agree to the same and sign the document; only then it can be applicable. If there has only been an oral discussion, then do not worry, stick to the offer letter you received. If you feel the need, you can submit a copy of your offer letter received from the company and highlight to them the intimation period communicated by them.

Please read all the terms clearly. Does it say that you are bound to follow the company's policy if revised from time to time? Sometimes this clause is written among one of the many points in the appointment letter.

I hope you have also handed over the charges of responsibilities that you are handling. I strongly believe that we must faithfully work wholeheartedly until the last minute that we are with the company. If there is any pending task, please complete it and assure your manager that you would be completing all the pending tasks prior to leaving the organization. Also, have the system in place so that whoever joins in your position does not have any problem with the system. Furthermore, you may also hand over your personal phone number so that in case of any confusion, you may guide or mentor the incoming person.

That's what I do. Leave the company with positive and healthy footprints.

Regards

Dear Amit Singh,

You don't need to worry much as you are not bound by any other rules or policies that are enforced without acknowledgment. My advice is to save a BCC copy to your personal email of whatever communication is happening regarding your resignation. Also, be sure to print out the emails that have been exchanged on this matter.

Have they accepted your resignation, or are they ignoring your request for a reply? Please specify that.

Thank you.

Hey guys, help me. I am looking for a job in HR as our company is about to shut down. Please help me.

Raina

Dear Member,

You are bound by your old policy only (1-Month notice period); the new notice period does not have any effect. The terms and conditions that you signed and accepted at the time of your appointment are the only ones with legality, or the ones you agreed to and signed again after the new policy was introduced.

Ask your manager to provide your relieving letter. If not, remind him of the clause in your appointment letter. If he doesn't listen, inform him that you are considering seeking legal advice.

Thanks and regards,
jk

Hey Tima,

Take a chill pill and talk to your manager. He is just being oversmart with you. Tell him in a gentle way that you are not bound to follow any Talibanism. Once you have submitted your resignation, then you have to follow what you had agreed to at the time of joining the firm. If he doesn't understand, then give him a piece of your mind.

Thanks & Regards,
Roshan Pratihast
Manager (HR & Compliance)
SDPC New Delhi
Email: roshan.pratihast@gmail.com

Yes, I am also for Dhingra Ji. Any changes or amendments in the company policy won't apply to you because you have submitted your resignation before the new policy was implemented, and your employer hasn't received the new policy from the employees.

Rajesh Chauhan

I believe you are worried about your future prospects. Serve your notice period as mentioned in your agreement/appointment letter and stop coming after the due date. An employer can't force you to serve more than the stipulated period.

Radhe

The notice period mentioned in your appointment letter, which has been accepted and duly signed by you, is the only document that should be considered for serving the notice period. Any policy that has not yet been implemented cannot be followed.

Dear Tima,

Please ask your manager that you won't serve your notice period for more than one month because you were not given the right information. It seems as if your manager is a big fraud. He only wants to put you in trouble.

Hi,

If the new policy has not been introduced and implemented yet, employees should adhere to the old policy, and the notice period should be one month only. Request them to present the Policy manual approved by the MD or Director, whoever holds the authority to approve, and only then trust the information they provide.

If the new policy has been implemented, then it must be followed.

Regards,
Poonam

Hi all,

Thanks for your help. I had a word with my manager and tried to be polite enough to explain the situation, but all in vain. She is not ready to talk anymore about my concerns. I also communicated with the HR Manager, but even she is not transparent in her action items.

So, here are some further doubts that I have:
- How do I initiate legal action (Let's say if it is the last option)?
- As a last resort, I am ready to pay the notice buyout, but my manager is still not ready for the same. Any suggestions on this?
- Can I approach the Human Rights Commission regarding the same concerns?
- Are there any other authorized/governing bodies I may approach for this issue?

Expecting a quick reply.

Thanks and Regards,
Amitkumar Singh

Dear All,

I joined a company one month ago and recently tendered my resignation. Currently, I am in the probation period since I joined the company last month. As per the contract, I can pay one month's basic pay to the employer and terminate my service.

Moreover, I have not received or undergone any business/project-related functional KT.

According to the contract/deal, we have the following clauses:

"1. You will be on probation for 3 months from the date of commencement of your service. At the end of satisfactory completion of the probation period, you will be confirmed in the services of the company."

"4. During the probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, the notice period for severance will be three months on either side or salary in lieu thereof. Salary for the purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."

Now, I do not wish to serve the notice period, and I am requesting them to deduct one month's basic pay from the current month's salary, plus any other charges as applicable, as per the contract. I have also asked them to inform me if any mode of payment is required.

However, HR is refusing to release me immediately and insisting that I serve the one month's notice period, threatening legal action against me if I do not comply. I have urged them to adhere to the contract I signed upon joining the employer, but HR is displaying arrogant behavior and ignoring my request.

I do not require the relieving letter; I simply seek clarification on whether they have any legal recourse in this situation.

Thanks in Advance for all your valuable inputs.

Harish

You have not mentioned whether you have served the management with 24 hours' notice or if your negotiations with the management are just ongoing verbally.

If you have not served any notice so far, you must do that. Serve them with a formal 24-hour notice clearly mentioning that you are ready to bear the notice period salary and ask them how much you should deposit with the company. Hand them the notice to management or at the Receipt Dispatch counter under receipt; otherwise, you won't have any proof of the submission of your resignation. Management can't compel you in writing to submit a one month's notice if there is a clear clause in your agreement about termination or resignation without notice with a notice period salary. After the expiry of the notice period, you may not attend the office, and the management may not be able to take any legal action against you. But be definite about the provisions of the agreement/appointment letter first before taking any action in that respect.

PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi

Dear All,

I have joined a company one month ago and recently tendered my resignation.

Right now, I am in the probation period since I joined the company in the last month. As per the contract, I can pay one month's basic pay to the employer and terminate my service.

Moreover, I didn't receive or undergo any business/project-related functional KT.

According to the contract/deal, we have:

"1. You will be on probation for 3 months from the date of the commencement of your service. At the end of satisfactory completion of the probation period, you will be confirmed in the services of the company."

"4. During the probation period, your services can be terminated by one month's notice on either side or salary in lieu thereof. On confirmation, the notice period for severance will be three months on either side or salary in lieu thereof. Salary for the purpose of this clause means basic salary. However, the decision to release you earlier than three months would be solely at the discretion of the management."

Now that I don't want to serve the notice period and I am asking them to deduct one month's basic pay from the current month salary plus any other charges as applicable, as per the contract. I even asked them if any mode of payment is required, please let me know.

But the HR is refusing to release me immediately and asking me to serve the one month's notice period, or they will take legal actions against me.

I have asked them to go with the contract/deal that I have signed at the time of joining with the employer. HR is behaving very arrogantly and ignoring my request.

I don't need the relieving letter also, but I just wanted to know whether anything they can do legally in this case.

Thanks in Advance! for all your valuable inputs

Harish