Can My Company Legally Extend My Notice Period with a New Clause? Seeking Advice

Hi, I am working in a small company in Hyderabad. I submitted my resignation on June 4th, 2010. According to my offer letter, I have to serve 2 months or can opt for a buyout. Therefore, my last working day would be August 3rd. Whenever I ask my manager about my release date, he insists on serving the full 2 months before leaving. Recently, they introduced a new clause called "Intent of Resignation," which requires me to serve an additional 15 days. Consequently, my last working day is now extended to August 18th.

This new clause has disrupted my career plans, and I am concerned about its validity as it was not mentioned in the offer letter. I questioned HR about the whereabouts of this new clause and why it was not disclosed initially.

The "Intent of Resignation" clause states that before resigning, an employee must formally inform their manager two weeks in advance. However, I am unable to find a copy of the documents I signed when joining the company, as HR has denied my request for a copy. These documents are on bond paper and remain in their possession.

Given that my offer letter stipulates a 2-month notice period, I am perplexed by the imposition of an additional 15 days. Can I take legal action in this scenario? The company is even threatening me with a bad conduct record, which is causing me significant distress.

I appreciate any guidance or assistance you can provide.

Thank you.

Regards, Suman Bathula

They can't do anything; stop attending duties after your due date of relieving. Have they requested in writing to delay your relieving by another 15 days? Was there any further offer from their side for a 15-day extension and subsequent acceptance by you? If this is not the case, then they will not be able to do anything.

Bond Legality in India

As far as the bond is concerned, it is illegal in India except for a training bond. Under the provisions of the Bonded Labour Act, 1970, nobody can compel you to work. Hence, simply stop attending duties after August 3rd.

Legal Implications of Intentions

Moreover, the intention to do something is not legally binding as per the Indian Contract Act, 1870. They will not be able to do anything.

Regards

Dear Sir, At the time of joining, I signed a document that specifies the Intent of Resignation. According to this document, I have to serve the company for another 15 days apart from the 2 months specified in my offer letter. The company has not provided me with any copy of this document. The document is on EXECUTIVE BOND PAPER.

Please tell me if, on this ground, the company can stop my relieving letter, and do I have to extend my service by another 15 days? If not, what action can I take? They are even threatening that they will give me a bad conduct record.

Thank you,
Suman

Since you signed the document before joining, you accepted the terms and conditions of appointment. Therefore, you are supposed to comply with it. The employer has the right not to relieve you.

To resolve the situation, you could offer to pay your employer for the remaining notice period and request to be relieved. Some organizations calculate the notice period based on basic pay, while others use gross pay. It would be beneficial to coordinate with HR and seek their assistance in obtaining your release.

Regards,
AS

Communicating Notice Period Concerns

Write an email to your boss, with a copy marked to HR and the HR of the new employer, stating that you will not be able to serve the additional notice period of 15 days as you are supposed to join the new place. You are willing to compensate for the 15 days' basic/gross (whichever is applicable) against the balance notice period, which you will not be serving, and stop attending duties.

Regards,