Leaving an IT Company: How to Handle Notice Period Disputes and Document Delays?

I have submitted my resignation from the company after completing my two-year bond. However, they are now insisting on a two-month notice period, even though I have already served one month's notice. Additionally, they have not returned my original documents and experience certification. I seek advice on what steps I can take next and what legal options are available to me.

Please refer to the terms and conditions of your appointment letter/offer letter/bond regarding the notice period clause. If it is for 2 months, then you are required to adhere to the same. Only after that, I can suggest some more solutions to you.

Thank you.

Yes, and agreed because in your offer letter/appointment order, based on that, you will work on that and then be relieved. Suppose if they ask again after one month, please do it and complete the task, then leave that company. You have been with them for 2 years and 1 month, so why are you in such a hurry to leave? Please be polite and request to be relieved.

This is because all the mistakes are on your side. If any company asks for your original certificates and you do not provide them or join, it could be an illegal company. They might not follow company and employee laws, nor treat employees properly. If you do not get the job, that is not a problem; you can start your own business. However, if you give your original certificates for a job, that is your mistake, and you may be considered an unskilled employee.

Please be formal and polite in requesting your original and experience certificates.

Kind regards

Don't worry, you are not wrong. Please tell us what period was agreed upon as per the notice period. Also, to retrieve all your documents, simply inform your HR that you are planning to lodge a police complaint against them for wrongfully withholding your documents. I believe they will not only clear your dues promptly but also return your documents smoothly. If they fail to do so, proceed with filing the complaint as it is illegal to retain someone's documents. They could face criminal charges. You are a victim of the company's malpractice. Your obligations ended after fulfilling the bond period. Moreover, if your appointment letter specifies serving only a one-month notice, they cannot compel you to serve more.

Thank you.

Understanding Notice Period and Leave Balance

First, you need to check all the terms and conditions in the appointment letter. If any clause is mentioned regarding the notice period, there should be no issues in completing it as per the appointment. You should clarify if they allow you to take leave, and if so, how many days are permitted.

Also, check your leave balance. If it exceeds 30 days, there is a clause that states if you do not complete the notice period, you must pay the amount equivalent to the notice period to the company due to urgency. If your leave balance is more than 30 days, you can request that the notice period amount be deducted from your remaining leave balance.

Please don't go to the police station. If you possess an original certificate obtained through illegal means and you report this to the police, it could negatively impact the company's reputation and the HR personnel involved. Furthermore, when you join a new company, they will likely conduct a verification process with your previous employer. During this time, HR and management individuals may not provide a positive reference, affecting your experience as well. It is advisable to handle the situation politely and acquire your certificates through proper channels. This approach will benefit your future prospects.

Please avoid making the same mistake again.

Thank you.

Please go through your appointment letter and read the clause on separation. It may state, "you have to serve a 2-month notice period or pay for the period if not serving the notice period."

Legal Advice on Document Retention

I suggest that instead of lodging a complaint at the police station, it would be better for you to go to the labor court. Explain to them that the company has taken your original certificates and is not returning them.

Future Precautions

Also, for your better future, please remember not to provide any original documents to any company.

Regards,
Naresh

Yes, I agree. Again, don't make the mistake of giving original certificates to any company. If a company asks for original certificates, that company is likely not genuine.

Well, it is mentioned in the terms & conditions of the bond to serve a 2-month notice period. Then you need to follow that. If your current employer is not providing you with the documents, I suggest you know what to do next.

I have submitted my resignation from my company after completing my 2-year bond. However, they are now insisting on a 2-month notice period, even though I have already completed one month of the notice period. Additionally, they have not returned my original documents and experience certification. Please advise me on what steps I can take next and what legal options are available to me.

Legal Action and Advice

Don't worry about the bond; they cannot take any action against you. I attempted to take legal action against a company in the past, but it was not successful. When I reached the legal court, I was advised that it would be a waste of time and that I would not even learn the company's name. They are powerless, and I am willing to challenge them.

Regards,
Shalini
[Phone Number Removed For Privacy Reasons]

Thank you for the suggestion to all friends. Finally, I talked with my company owner directly, and they agreed to release me with all my documents within 9 to 10 days. Thanks to all, again.

Dear Crish, it depends on when you resigned, or it may not be an issue of a bond; it is the company's policy. Please check your appointment letter's terms and conditions.

Before lodging a complaint regarding documents, I would like to know: Do you have written evidence that your documents are with the company?

Thank you.

Regards,
[Name]

If it is mentioned in your appointment letter that you will have to serve a 2-month notice, which you have accepted, you cannot question the management. However, you can always offer to forego one month's salary for the release letter.

Regards,
Sukanya
Manager - HR

Employee Loan and Notice Period Obligations

Any loans are not allowed to be taken by an employee, and it is not binding on you. However, you need to fulfill the appointment terms and conditions. You must either complete your two-month notice period from your resignation date or pay two months' salary in lieu of the notice period.

Steps to Take if Management Does Not Comply

If the company management does not accept this, send them a legal notice and send a copy to the Labour Commissioner's office. Please keep a record of your resignation acknowledgment, copies of the resignation letter, and all related documents.

You can dare.

Regards,
Amarsinh