Facing Extended Notice Period Demands: How Can I Legally Challenge My Employer?

Hello, I'm resigning from the organization on October 15, 2019, and my last working day is Friday, December 13, 2019. My manager approved my resignation in the portal as well. After 45 days, HR sent the following email to me:

<< Refer to the organization’s separation policy, you are required to extend the notice till January 13, 2020, as this is the site requirement. You will be relieved on the extended last working date only, and no incomplete notice will be accepted. >>

But I've already served the notice period as per the required days. My joining date at the next company is December 16, 2019. Please suggest and help me raise a legal case against this organization. For the last 15 days, they have been causing mental harassment.

Dear Friend,

Why are you worrying about it? If you served your notice period as per the appointment letter's notice period clause, then there is nothing to worry about. Go ahead and join your new company, and make sure to keep proper records of your communications to proceed legally.

Legal provisions and employment contracts

Legal provisions are always sacrosanct. No policy of any organization can run counter to the provisions of any law pertaining to employment. Some in the HR fraternity are happily oblivious to this important principle and, in excess of enthusiasm, even help design such policies in the interest of the employer. Employment is a simple contract terminable at any time at the option of either party, subject to the fulfillment of already stipulated conditions in this regard.

Resignation and notice period

When the functional head has already approved the resignation submitted by the employee, and the employee has already started serving the notice period more than halfway, the employer has no locus standi to extend the same suddenly over and above the stipulated period according to his whims and fancies.

Salary and separation policy

That apart, when the law says that no wage period shall be more than a month and the month's salary should be paid within a certain number of days in the succeeding month, how can the policy of separation of an organization provide for withholding the salary of an outgoing employee until the completion of the notice period, which is more than a month? Even in the case of an employee escaping the provisions of any labor law, such a condition in the contract of employment is certainly against public policy under Section 23 of the Indian Contract Act, 1872.