Hi, four years ago, I joined a software company. The employer took my academic certificates and a bank cheque for safety deposit purposes. They also had me agree to a bond for 42 months. At that time, the employer didn't give me an appointment letter or offer letter. When I asked about the appointment letter, they replied, "As we are a small company, we will give you the offer letter and other documents at the time of relieving."
Six months ago, my bond agreement period was completed with my employer. So, I first requested the documents in this process. The employer gave me the appointment letter and pay slips only and refused to give my certificates and cheque, saying they would provide all those remaining documents at the time of relieving. I asked about the notice period, and they said it was three months.
Now, I have an opportunity with another employer, so I want to leave my current employer. I applied for resignation on 18th February 2019, with the last date as 18th May 2019, but my current employer is not accepting my resignation and is unwilling to issue my relieving letter. They are saying that our client is not accepting my resignation.
Clauses in the Appointment Letter
1. Terms of Employment: Your employment shall continue on an indefinite basis, subject to termination by either yourself or the Company as per any of the following criteria:
(a) If you are in the middle of a project and responsible for performing key activities, the company has the right to increase your notice period until such time that the above activities are completed/handed over to another designated employee of the company.
(b) In the event of the employee committing a breach/default of any of the terms and conditions contained herein above, the employee shall, within a week after committing such breach, pay to the employer for the damage caused.
They didn't mention the notice period duration in the appointment letter. I don't want to continue with this company.
Questions Regarding Employment Terms
- Does the client have any right to hold me in the company?
- Is it necessary to get the relieving letter from my current employer?
- Does my current employer have the right to increase my notice period? If so, how much can they increase it?
- What is the maximum notice period as per the employment law in India?
Please suggest possible ways to get out of my current employer. Please help me, I have limited time. Please help me, my phone number: [Phone Number Removed For Privacy-Reasons]
Six months ago, my bond agreement period was completed with my employer. So, I first requested the documents in this process. The employer gave me the appointment letter and pay slips only and refused to give my certificates and cheque, saying they would provide all those remaining documents at the time of relieving. I asked about the notice period, and they said it was three months.
Now, I have an opportunity with another employer, so I want to leave my current employer. I applied for resignation on 18th February 2019, with the last date as 18th May 2019, but my current employer is not accepting my resignation and is unwilling to issue my relieving letter. They are saying that our client is not accepting my resignation.
Clauses in the Appointment Letter
1. Terms of Employment: Your employment shall continue on an indefinite basis, subject to termination by either yourself or the Company as per any of the following criteria:
(a) If you are in the middle of a project and responsible for performing key activities, the company has the right to increase your notice period until such time that the above activities are completed/handed over to another designated employee of the company.
(b) In the event of the employee committing a breach/default of any of the terms and conditions contained herein above, the employee shall, within a week after committing such breach, pay to the employer for the damage caused.
They didn't mention the notice period duration in the appointment letter. I don't want to continue with this company.
Questions Regarding Employment Terms
- Does the client have any right to hold me in the company?
- Is it necessary to get the relieving letter from my current employer?
- Does my current employer have the right to increase my notice period? If so, how much can they increase it?
- What is the maximum notice period as per the employment law in India?
Please suggest possible ways to get out of my current employer. Please help me, I have limited time. Please help me, my phone number: [Phone Number Removed For Privacy-Reasons]