Facing a Notice Period Dilemma: How Can I Handle My Employer's Unexpected Demands?

I'm have been working with one of the consultancy firms since February 2014 at their client site. As per the offer letter given by my employer at the time of joining, it clearly mentions that I have to give an official notice of 15 days when resigning from the job. Now, I have resigned from my position and sent official mail communication to my reporting manager (from the client side) and HR representative on December 10, 2014. In return for my resignation acceptance, both parties (client and my employer) are asking me to serve a 45-day notice period, saying that they have given a commitment to their vendor. However, I have not been provided any prior notification or addendum letter for a policy change before I submitted my resignation letter. They are also threatening me that they will not provide me with a relieving letter and full and final settlement if I do not serve the complete 45-day notice period. Can you please advise what kind of action I can take against this approach? Thanks in advance.

Prashant, either you take up the new assignment without a relieving letter or serve a 45-day notice period, if your new employer is willing to stretch that long. It solely depends on you.

Legal Action Against Unethical Employers in India

So basically, is there no law in India where an employee can take legal action against an unethical employer?

Regards.

Legal Actions Against Unethical Employers in India

So basically, there is no legal action an employee can take against unethical employers in India? I'm aware that this is essentially an HR-centric forum, but it would be a great help if you could provide any government policies from the employee perspective.

Regards

Dear All,

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Thank you.

Provisions Under the Shops and Establishment Act

There are certain provisions under the Shops and Establishment Act of certain states providing for giving experience letters to confirmed employees upon leaving their job. In the present case, the employer could not have altered the relieving period unilaterally. They can take recourse under the above Act.

Remember, it is mutual. Whatever the law, try to negotiate a 45-day notice period with your new employer.