Facing a 3-Month Notice Period Demand: How Can I Resolve This Resignation Dispute?

I have given my resignation to my current employer on 6th February 2015 through email. I have been working here for the past 2 years and now I am looking to join a new organization. In my current company's offer letter, a 30-day notice period is mentioned. I specified my last working day as 5th March 2015 in my email. However, my current employer is not willing to accept my resignation and insists that I serve a notice period of 3 months after resigning.

Please assist me with this situation and advise me on what steps I can take.

Thank you.

Assuming that you are working in Delhi, you are governed by the Delhi Shops and Establishment Act. Under Section 30 of it, you have to give 30 days' notice or salary in lieu thereof. It is better to give salary and obtain relieving through an inspector under the Act.

Thanks,
Sushil

Thank you for your response. If your current employer is unwilling to provide a relieving letter after you have completed the entire notice period, you may need to consider filing a case. In such a situation, it is important to gather all relevant documents to support your claim. These documents may include your employment contract, offer letter, salary slips, communication related to your resignation, and any other relevant correspondence. Consulting with a legal professional would be advisable to understand the specific steps to take and the appropriate legal recourse in this matter.

Steps to Handle Resignation Disputes

Firstly, pursue the matter with the inspector under that Act. Then, in that case, send a registered letter to the employee to complete the Full and Final (FnF) settlement and provide a relieving letter. However, after the notice period, you will be deemed to have been relieved. If the employer does not issue the letter, then make a formal complaint to the inspector under that Act.

Thanks,
Sushil

Here, I am attaching a screenshot of the terms signed by me on the offer letter.

Notice Period Clarification

In section 15, I have agreed that the employer reserves the right to amend the rules anytime. Would that bind me to serve the notice period of 90 days?

However, in section 17, there is a condition to serve 30 days of notice period during the training period. The training period was for one year. Is there any way I can have a legal point for not serving a 90-day notice period?

Regards

Notice Period Compliance Under the Delhi Shops and Establishment Act

Your employer cannot contract out contrary to the Delhi Shops and Establishment Act unless the terms are more beneficial to the employee. Therefore, regardless of the company's rules, the employer will be bound by a 30-day notice period, and so will you.

Thanks,
Sushil

I have resigned from my current employer and served a notice period of 3 months in full. On the last working day, I also sent an email for final sign-off, and my boss replied, "All the best." However, he has not approved my final sign-off and is making excuses, citing network issues. I am considering initiating legal action against my boss. Can you please advise me on this?