Resigning in the Final Month of a Contract: How to Handle Employer Pushback?

Hello All, Please be advised that I joined an organization back in July last year. I signed a 1-year contract with the organization and have completed 11 months with it. Now, I have an opportunity with another organization and thus want to resign. I have asked my employer to allow me to resign only after I have completed my 1 year.

Notice Period and Resignation Concerns

My notice period is 60 days, and it is completing in August. However, my employer does not want to relieve me and intends to delay my exit as I am a critical resource to the organization.

Please confirm! I need urgent help.

Dear Mukul, you do not need to submit a resignation letter as your signed contract agreement will be over by July itself. Once the agreement expires, you are free and not obligated to work with the present establishment. Furthermore, please inform your new employer and obtain written confirmation for the same.

Regards,
Janardan

As my document states, I will have to serve a 60-day notice period. Are you saying that I will not be required to serve any notice period? Please advise as I am unsure, and my current employer is informing me that I can only resign after my contract expires, and then I must serve a 60-day notice period.

Thanks in advance.

Could you please check the clause mentioned in your contract agreement, such as the termination of the contract, and so on... If your contract has been terminated on a specific date, then where is the question of serving a notice period after the expiry of the contract?

Regards,
Janardan

Apologies, my next question is, "Can someone resign during the last month of their bond agreement?"

I am sorry to say that you have not been able to put up your problem properly. Sh Aditya has rightly pointed out that if "this is a theoretical question and needs to be put in context by giving specific information." You have mentioned that you have signed a one-year contract with the organization and have completed 11 months. I am unable to understand the motive of the management in asking for a notice period of 60 days from you. I know that notice period stipulations exist in the service contracts, but the same is applicable when you intend to leave the organization WITHIN the contract period. Once you complete the period of your service contract/bond, you are free to leave the organization. Therefore, you are required to check the terms and conditions of your service contract once again for better clarity. If the management still insists on a 60-day notice after the completion of your service contract, you can take legal action against him or go and join the organization.

Regards,
BS Kalsi
Member since Aug 2011

Please review the corrected text below:

---

Agreement Review

Please check as this is the content of my agreement regarding the work and conditions.

The Employee hereby covenants with the Company as follows:

1. The Employee shall, during the said period or during any further period as required by the Company for training, devote their whole time and attention to such training and shall do their best in relation to the training and assigned work.

2. The Employee shall serve the Company for a period of Twelve Months and shall not seek employment with any other employer during this twelve-month period.

Please confirm, am I bound to serve the complete notice period according to this agreement? My agreement period ends in July, while the notice period ends in August.

---

As you have clarified that you will be completing your training in the month of July, the management should not insist on the notice period as your contract clearly states that "the Employee shall serve the Company for a period of Twelve Months and shall not take employment during the said period of twelve months with any other employer." You can still talk to management and resolve the matter as it does not seem to be a big deal.

Regards,
BS Kalsi
Member since Aug 2011

Please be informed that I received a confirmation letter in January, six months after joining. In the confirmation letter, it was stated that the notice period would be 60 days from that point onwards. My twelve-month bond period was completed in July itself. Can you please suggest what actions can be taken in this case?

Thank you.

With your confirmation, your training period is over. Regarding your resignation after confirmation, the rule pertaining to confirmed employees in this matter will be applicable to you. Since the notice period specified in your confirmation letter is 60 days, I believe your employer's argument is valid.

I am sorry to point out that you have never presented all the facts at once. Instead, you have been providing information in fragments, making it difficult for anyone to offer you proper guidance. Previously, you did not mention that you received the confirmation letter in January. Until now, I was under the impression that you had signed a one-year contract with the organization and had completed 11 months. Now that you have revealed that you submitted your resignation after receiving confirmation, I agree with Sh Umakanthan that the employer is justified in asking for a two-month notice period, as specified in your confirmation letter.

Regards,
BS Kalsi
Member since Aug 2011