It has been 2.5 years with my current organization as a Software Engineer. During the joining period, I was informed to serve a 1-month notice period in case of resigning, and the same is mentioned in my letter. In between my tenure, the company received resignations from three critical resources. Through email and verbal discussions, the company extended its notice period for EVERY employee to 2 months, but we did not sign it anywhere. It was just information in an email about the policy change.
Now, I have been selected by a new firm, and they have asked me to join within 30 to 35 days. I spoke with my boss, and he insists that I am a critical resource and need to serve a 2-month notice period. This is not feasible for me as it would cause me to lose my new opportunity. I feel insecure and harassed by my boss's comments, and as a result, I have decided to resign.
I am considering taking legal action to resolve this situation effectively, whether through the courts or the police. However, I do not want to act impulsively as it could impact the company and potentially harm my career.
Please advise on the best course of action.
From India, Mumbai
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1Now, I have been selected by a new firm, and they have asked me to join within 30 to 35 days. I spoke with my boss, and he insists that I am a critical resource and need to serve a 2-month notice period. This is not feasible for me as it would cause me to lose my new opportunity. I feel insecure and harassed by my boss's comments, and as a result, I have decided to resign.
I am considering taking legal action to resolve this situation effectively, whether through the courts or the police. However, I do not want to act impulsively as it could impact the company and potentially harm my career.
Please advise on the best course of action.
From India, Mumbai
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My suggestion is to go ahead with the new opportunity and join them, as you have not signed any papers for the extended notice period. The email copy is for information purposes only and not for processing. I encourage you to verbally challenge them and remain calm.
Thank you.
From India, Mumbai
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Thank you.
From India, Mumbai
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You have to serve the notice period of 2 months because the management instructed regarding the notice period through mail. You would have been given a mail if you had not accepted the notice period. The organization's policies are flexible and can be changed.
But you have the option of the buy-out policy and discuss with your boss to get it resolved ASAP.
From India, Hyderabad
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But you have the option of the buy-out policy and discuss with your boss to get it resolved ASAP.
From India, Hyderabad
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The policies cannot be rolled out so easily. There is always a prescribed procedure to do so as per law. There is a section under the ID Act 9A. Please go through it carefully and decide for yourself. Any condition or term which impacts employees adversely cannot be implemented so easily.
Flaws in Management's Approach
There are many flaws on the management's side here:
1. They have just sent out a mail of intimation, which in this case is not right as the legal path has not been followed by the company. Moreover, it is a very simple rule that when it comes to an agreement, free consent is very necessary, which is totally missing here.
2. They have not sought any approval from the appropriate government as well. I am sure of it. This is again wrong.
Legally speaking, if the employee goes to court, the management may get into deep trouble.
Regards
From India, New Delhi
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Flaws in Management's Approach
There are many flaws on the management's side here:
1. They have just sent out a mail of intimation, which in this case is not right as the legal path has not been followed by the company. Moreover, it is a very simple rule that when it comes to an agreement, free consent is very necessary, which is totally missing here.
2. They have not sought any approval from the appropriate government as well. I am sure of it. This is again wrong.
Legally speaking, if the employee goes to court, the management may get into deep trouble.
Regards
From India, New Delhi
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Thank you for telling me. Still, I want to add to my offer letter, which I got in 2010.
Mail From Company about Extending: (Just Overview)
The company is growing with critical clients, etc. Our management and development team picked up a couple of important projects. With the client's interest in mind, we changed our resignation notice period. As we have experienced, most companies have moved to two to three months of notice period in our recruitment process. As a result, with companies' practice, THE COMPANY is also making our resignation notice period a minimum of two months with immediate effect. The addendum to your appointment letter would be issued in the next few days. Also, we invite the attention of all the employees presently in service of the company to clause no. 9 of THE COMPANY employees' appointment letter, whereby it has been decided by the company to increase the period of notice from 1 month to 2 months with immediate effect from April 2011.
There is a clause given below:
Termination/Resignation/Relieving:
After confirmation, you may resign from services by giving 1 month's written notice to THE COMPANY. It shall, however, be open to THE COMPANY to accept your resignation with effect from any date earlier than the one offered by you in your resignation at its sole discretion.
I don't think it is legally correct.
After that, our three resignations went on for 45 days and 55 days because they had that much time, but that is not fine in my case.
From India, Mumbai
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Mail From Company about Extending: (Just Overview)
The company is growing with critical clients, etc. Our management and development team picked up a couple of important projects. With the client's interest in mind, we changed our resignation notice period. As we have experienced, most companies have moved to two to three months of notice period in our recruitment process. As a result, with companies' practice, THE COMPANY is also making our resignation notice period a minimum of two months with immediate effect. The addendum to your appointment letter would be issued in the next few days. Also, we invite the attention of all the employees presently in service of the company to clause no. 9 of THE COMPANY employees' appointment letter, whereby it has been decided by the company to increase the period of notice from 1 month to 2 months with immediate effect from April 2011.
There is a clause given below:
Termination/Resignation/Relieving:
After confirmation, you may resign from services by giving 1 month's written notice to THE COMPANY. It shall, however, be open to THE COMPANY to accept your resignation with effect from any date earlier than the one offered by you in your resignation at its sole discretion.
I don't think it is legally correct.
After that, our three resignations went on for 45 days and 55 days because they had that much time, but that is not fine in my case.
From India, Mumbai
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Secondly My next company is demanding: 3. Experience Certificate/s Which my boss will give me on the last of my relieving.
From India, Mumbai
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From India, Mumbai
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There are a few things to be noted in this instance:
1. Firstly, it appears that the communication by email extending the notice period to "2 months" is an action of an "afterthought"; this didn't have the concurrence of the employee concerned nor form part of the original terms of the appointment order. It will be difficult for your company to defend in case of any litigation.
2. Secondly, no one can stop anybody from resigning and joining another employer even when they are under "an employment bond," so you can join. But notwithstanding -
3. Thirdly, if and when your new employer insists on an "experience certificate" before joining, in all probability, your selection is subject to this certificate, and your position is very precarious. You'll end up neither here nor there.
4. Even if you join, I hope you'll not end up with the police as this, at best, could be a civil suit if and when it arises.
So, I could suggest you better give a request letter to the new company for an extension of time and try to obtain the experience certificate, which will be helpful in the future also. If you are desperate, go ahead and face whatever may come.
All the best, pal.
Regards, Kumar S.
From India, Bangalore
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1. Firstly, it appears that the communication by email extending the notice period to "2 months" is an action of an "afterthought"; this didn't have the concurrence of the employee concerned nor form part of the original terms of the appointment order. It will be difficult for your company to defend in case of any litigation.
2. Secondly, no one can stop anybody from resigning and joining another employer even when they are under "an employment bond," so you can join. But notwithstanding -
3. Thirdly, if and when your new employer insists on an "experience certificate" before joining, in all probability, your selection is subject to this certificate, and your position is very precarious. You'll end up neither here nor there.
4. Even if you join, I hope you'll not end up with the police as this, at best, could be a civil suit if and when it arises.
So, I could suggest you better give a request letter to the new company for an extension of time and try to obtain the experience certificate, which will be helpful in the future also. If you are desperate, go ahead and face whatever may come.
All the best, pal.
Regards, Kumar S.
From India, Bangalore
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Dear Kumar,
Thank you, friend. The new company offers me the best they can, and I feel I should not talk to them. They said 35 days and also mentioned that they can manage up to 5 days, but I don't think they can manage for 25 days more. I put in my resignation for 30 days as per my appointment letter. As 5 days have already passed and I have received no reply from the boss, I will talk with him again, and I think the next step I need to take is to seek help from the law.
1. Experience Letter Block
2. Career Block
3. Breaking my signed terms and conditions
4. Harassment
From India, Mumbai
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Thank you, friend. The new company offers me the best they can, and I feel I should not talk to them. They said 35 days and also mentioned that they can manage up to 5 days, but I don't think they can manage for 25 days more. I put in my resignation for 30 days as per my appointment letter. As 5 days have already passed and I have received no reply from the boss, I will talk with him again, and I think the next step I need to take is to seek help from the law.
1. Experience Letter Block
2. Career Block
3. Breaking my signed terms and conditions
4. Harassment
From India, Mumbai
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Thank you, friend. The new company is offering me the best they can, and I feel I should not talk to them. They initially mentioned 35 days but also indicated they could manage up to 5 days. However, I doubt they can accommodate an additional 25 days. My appointment letter stipulates a 30-day notice period. Since 5 days have already elapsed without a response from my boss, I will discuss this matter with him again. If necessary, I may seek legal assistance.
Experience Letter Block
Career Block
Breaking My Signed Terms and Conditions
Harassment
In my opinion, after joining the new company, you should inform them that you will require the experience letter within one month. Hopefully, they will agree to this arrangement. Subsequently, discuss the matter with your boss. If they persist in denying you the letter, you can seek legal recourse and file a complaint with the local labor commissioner. Rest assured, you will achieve your desired outcome.
Regards
From India, New Delhi
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Experience Letter Block
Career Block
Breaking My Signed Terms and Conditions
Harassment
In my opinion, after joining the new company, you should inform them that you will require the experience letter within one month. Hopefully, they will agree to this arrangement. Subsequently, discuss the matter with your boss. If they persist in denying you the letter, you can seek legal recourse and file a complaint with the local labor commissioner. Rest assured, you will achieve your desired outcome.
Regards
From India, New Delhi
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Thank you, Mr. Kamal Kant. Today, the boss said that he will only agree if I stay with him until the end of the project, i.e., the 30th of November, as I submitted my resignation on the 16th of November. He will give me approval on the 7th of December, i.e., after 22 days. He gave verbal assurance. I have a feeling to believe him as the TL also conveys that he will help me in getting the approval. What he needs is a proper backup of projects, which I will surely provide and will support him even after leaving the company. However, he also added that if any issues arise with the client at the end of the project, it will be a bit difficult for them, and I may have to stay for 20-25 days more (45-55 days), which is again out of reach, and the new firm is not agreeing to it.
My instinct says to believe in them as the TL is a very helpful person, and the TL has to say OK to me while following up on projects, but the TL is not the final authority. If I am not able to get approval on the 7th of December, will I be eligible for legal help, and should I wait for that long (22 days)?
From India, Mumbai
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My instinct says to believe in them as the TL is a very helpful person, and the TL has to say OK to me while following up on projects, but the TL is not the final authority. If I am not able to get approval on the 7th of December, will I be eligible for legal help, and should I wait for that long (22 days)?
From India, Mumbai
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Dear friend,
It is always better to quit at the right time, especially in a conducive atmosphere. Parting as friends would always help you. I would suggest that you help your present company/TL in whatever way possible to complete the ongoing project successfully, keeping your permitted time limit in mind. Even if you have to work three shifts continuously, do it. This will help you to get relieved on time. There is nothing wrong in assuring them of your extra time, unofficial work in your spare time, or holidays for the success of the project at hand. Currently, don't think of legal recourse because targeting any legal steps would be time-consuming and will not help in getting your experience certificate on time.
Best regards,
Kumar S.
From India, Bangalore
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It is always better to quit at the right time, especially in a conducive atmosphere. Parting as friends would always help you. I would suggest that you help your present company/TL in whatever way possible to complete the ongoing project successfully, keeping your permitted time limit in mind. Even if you have to work three shifts continuously, do it. This will help you to get relieved on time. There is nothing wrong in assuring them of your extra time, unofficial work in your spare time, or holidays for the success of the project at hand. Currently, don't think of legal recourse because targeting any legal steps would be time-consuming and will not help in getting your experience certificate on time.
Best regards,
Kumar S.
From India, Bangalore
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Background Situation
I find myself in a challenging situation. I have 45 days to join another company, but my boss is insisting on a two-month notice period. Initially, I signed an agreement for a one-month notice, but the company changed their policy to two months without my consent. I submitted my resignation on November 16th for a 30-day notice period, and my boss said he would approve it on December 5th.
Current Dilemma
Today, my boss told me, "Do whatever you want to do; I will not let you leave before two months." My team lead also supported this stance. They are now saying that I need to transfer knowledge, which requires time, but they haven't assigned anyone for this task due to a high workload. This situation is blocking my career progression, and the next company is not willing to wait for me.
Seeking Advice
Please help me. How can I get out of this situation? If I issue a legal notice, when will I be able to obtain my documents? How much time do courts typically take if I pursue legal action?
Regards,
From India, Mumbai
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I find myself in a challenging situation. I have 45 days to join another company, but my boss is insisting on a two-month notice period. Initially, I signed an agreement for a one-month notice, but the company changed their policy to two months without my consent. I submitted my resignation on November 16th for a 30-day notice period, and my boss said he would approve it on December 5th.
Current Dilemma
Today, my boss told me, "Do whatever you want to do; I will not let you leave before two months." My team lead also supported this stance. They are now saying that I need to transfer knowledge, which requires time, but they haven't assigned anyone for this task due to a high workload. This situation is blocking my career progression, and the next company is not willing to wait for me.
Seeking Advice
Please help me. How can I get out of this situation? If I issue a legal notice, when will I be able to obtain my documents? How much time do courts typically take if I pursue legal action?
Regards,
From India, Mumbai
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(Fact Checked)-The information provided in the user reply is accurate. It correctly reflects the situation presented in the original post. (1 Acknowledge point)
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I also have the same kind of situation, but it is regarding recovery.
I joined a company in Noida in August 2016. Now I realize that the role is not as per my expectations, and I have resigned, serving the notice period. They paid me the notice period recovery and relocation amount from Hyderabad to Noida.
Now, as I have resigned, they are recovering these amounts paid to me from my F&F. However, before joining and at the time of payment, no one informed me (verbally or in writing) that if I left before 6 months, this amount would be recovered. They also do not have any policy for the same.
I asked them about this, but they are saying that the recovery of the notice period amount is an industry practice, and they will recover the same from F&F. The recovery of the relocation amount is as per the Transfer Policy. However, this policy is for their permanent employees, and as a new joiner, nothing is mentioned in the policy for new joiners.
They are holding my November 2016 salary also to recover all these amounts from F&F and November 2016 salary.
I request your suggestions. Can an employer recover this without informing the employee? Can they hold salary? Can I approach the labor officer regarding this recovery?
Regards,
Mukesh Kumar
From India, Ghaziabad
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I joined a company in Noida in August 2016. Now I realize that the role is not as per my expectations, and I have resigned, serving the notice period. They paid me the notice period recovery and relocation amount from Hyderabad to Noida.
Now, as I have resigned, they are recovering these amounts paid to me from my F&F. However, before joining and at the time of payment, no one informed me (verbally or in writing) that if I left before 6 months, this amount would be recovered. They also do not have any policy for the same.
I asked them about this, but they are saying that the recovery of the notice period amount is an industry practice, and they will recover the same from F&F. The recovery of the relocation amount is as per the Transfer Policy. However, this policy is for their permanent employees, and as a new joiner, nothing is mentioned in the policy for new joiners.
They are holding my November 2016 salary also to recover all these amounts from F&F and November 2016 salary.
I request your suggestions. Can an employer recover this without informing the employee? Can they hold salary? Can I approach the labor officer regarding this recovery?
Regards,
Mukesh Kumar
From India, Ghaziabad
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
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(Fact Checked)-[response] It's important to fulfill your duties professionally. Legal action should be a last resort. Providing support during the transition is commendable. (1 Acknowledge point)