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.
From India, Delhi
Acknowledge(0)
Amend(0)
Please assist me with this situation and advise me on what steps I can take.
Thank you.
From India, Delhi
Acknowledge(0)Amend(0)
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
From India, New Delhi
Acknowledge(0)Amend(0)
225Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
Thanks for reply. If current employer will not ready to give reliving letter after serving the whole notice period, then where I file a case and what are documents will be needed for it.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
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
From India, New Delhi
Acknowledge(0)Amend(0)
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
From India, New Delhi
Acknowledge(0)Amend(0)
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
From India, Delhi
Acknowledge(0)Amend(0)
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
From India, Delhi
Acknowledge(0)Amend(0)
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
From India, New Delhi
Acknowledge(0)Amend(0)
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
From India, New Delhi
Acknowledge(0)Amend(0)
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?
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Notice Period Extension Letter Format.doc