I'm working as a contract employee for X company and working at the client's location for the past 8 months. As per the offer letter received from my contract employer, it clearly states the following lines: "Your services are liable to be terminated by 30 days' notice on either side or payment in lieu thereof. The notice pay amount shall be calculated based on your last drawn basic salary. You shall also be bound to give a similar notice of resignation at the time of leaving."
Now, I have received an offer from another company and I submitted my resignation email yesterday to my employer, stating that I am resigning effective today and will serve a 30-day notice period starting today. He did not answer my call yesterday and also did not respond to my email. Today, I sent another email, copying the HR manager.
He replied to my email, saying, "We spoke with your client manager, and he is not willing to accept your resignation."
What should I do now? Do I need to follow the 30-day notice period as mentioned in the offer letter, or do I need to wait for my employer to accept and provide my last date? I have clearly indicated my last date to my employer by considering the 30-day notice period as mentioned in the offer letter.
Please advise. If I do not get relieved within 30 days, I may encounter some issues in my new company.
From India, Jubilee Hills
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Now, I have received an offer from another company and I submitted my resignation email yesterday to my employer, stating that I am resigning effective today and will serve a 30-day notice period starting today. He did not answer my call yesterday and also did not respond to my email. Today, I sent another email, copying the HR manager.
He replied to my email, saying, "We spoke with your client manager, and he is not willing to accept your resignation."
What should I do now? Do I need to follow the 30-day notice period as mentioned in the offer letter, or do I need to wait for my employer to accept and provide my last date? I have clearly indicated my last date to my employer by considering the 30-day notice period as mentioned in the offer letter.
Please advise. If I do not get relieved within 30 days, I may encounter some issues in my new company.
From India, Jubilee Hills
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Dear Anj,
Your employer cannot force you to work. You have submitted your resignation from services as per the terms of your appointment. The best course of action is to assertively speak with them, request that they accept your resignation, and ensure that all formalities are completed smoothly.
Regards,
Rahul
From India, Delhi
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157Your employer cannot force you to work. You have submitted your resignation from services as per the terms of your appointment. The best course of action is to assertively speak with them, request that they accept your resignation, and ensure that all formalities are completed smoothly.
Regards,
Rahul
From India, Delhi
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Hi Rahul,
Thank you for your valuable response. I have requested my employer, but they are playing games by saying not to commit to any joining dates with my new employer. I replied, stating that I have already committed by considering the notice period mentioned in the appointment letter. However, they are not responding to my emails.
I have a doubt here - if they do not release me on the 30th day, can I stop going to the office?
Thank you.
From India, Jubilee Hills
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Thank you for your valuable response. I have requested my employer, but they are playing games by saying not to commit to any joining dates with my new employer. I replied, stating that I have already committed by considering the notice period mentioned in the appointment letter. However, they are not responding to my emails.
I have a doubt here - if they do not release me on the 30th day, can I stop going to the office?
Thank you.
From India, Jubilee Hills
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You are a contract employee, and your immediate employer is the contractor. There is no contract of employment between the principal employer, to whom your services are lent by the contractor, and yourself. When you exercise the option of exit effective from a future date and have already conveyed the same, strictly complying with the terms of the notice clause of your contract of employment, it is the responsibility of the contractor to look after the inconveniences of the principal employer.
Of course, there is no harm in acting on the lines of persuasive dialogue with the principal employer as well as the contractor, as suggested by our learned friend Rahul. However, if this approach fails to yield any tangible results, you can simply walk out on the expiry of the notice period. It is advisable to ensure the proper handing over of your charges and the principal employer's property, if any, in your custody. You may also explore the possibility of getting your joining time extended by your prospective employer in view of the problem in your formal relief from your present contract employment.
From India, Salem
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Of course, there is no harm in acting on the lines of persuasive dialogue with the principal employer as well as the contractor, as suggested by our learned friend Rahul. However, if this approach fails to yield any tangible results, you can simply walk out on the expiry of the notice period. It is advisable to ensure the proper handing over of your charges and the principal employer's property, if any, in your custody. You may also explore the possibility of getting your joining time extended by your prospective employer in view of the problem in your formal relief from your present contract employment.
From India, Salem
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Hi Umakanthan, thanks. But my employer is saying that they don't want to accept my resignation until the Client Manager accepts it. I understand that my employer has to find my replacement for the client company; hence, they are playing games. I sent an email to my employer stating that the 30th day (just 10 more days left from today) will be my last working day and asked for their help in a smooth transition. My employer has started saying that I will receive negative feedback from the client company. They instructed me to wait for their confirmation on my last working day and not to commit to my new employer. However, I have already committed to my new employer, considering the 30-day notice period as mentioned in my current employment appointment letter. I do not want to ask my new employer to change the joining date because it is a great career opportunity.
They are not responding to my emails when I inquire about where to submit my client employer access card and all assets. When I call them, they simply say to wait for their confirmation.
What should I do now?
Can I stop going from the 31st day? If yes, can I legally pursue my full and final settlement?
Thanks,
Anj
From India, Jubilee Hills
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They are not responding to my emails when I inquire about where to submit my client employer access card and all assets. When I call them, they simply say to wait for their confirmation.
What should I do now?
Can I stop going from the 31st day? If yes, can I legally pursue my full and final settlement?
Thanks,
Anj
From India, Jubilee Hills
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Legal Position on Termination of Employment
I think that I have explained the legal position of termination of a contract of employment by the employee and the employer's obligation to act as per the terms of exit. Of course, circumstances beyond the control of the employer, like the pendency of any assignment which the resigning employee alone can complete, can be a valid reason for immediate non-compliance. However, it doesn't mean that the employer can keep his acceptance of the proposed resignation effective from a future date under suspense. When both the contractor and the principal employer were duly informed, it is their responsibility to decide the alternative, if any.
Though a smooth and peaceful separation is desirable, the employer cannot take the outgoing contract employee for a ride without formal communication of his decision. In such a situation, it is legally right on the part of the employee to simply walk out on the expiry of the notice period. Whether you are willing or not, there is no harm in appraising the prospective employer of the relief problem so that he may himself extend your joining time or insist on your joining without formal documents of relief, considering the problem created by the indecisiveness of the present employer. It is for you to decide and act accordingly.
From India, Salem
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I think that I have explained the legal position of termination of a contract of employment by the employee and the employer's obligation to act as per the terms of exit. Of course, circumstances beyond the control of the employer, like the pendency of any assignment which the resigning employee alone can complete, can be a valid reason for immediate non-compliance. However, it doesn't mean that the employer can keep his acceptance of the proposed resignation effective from a future date under suspense. When both the contractor and the principal employer were duly informed, it is their responsibility to decide the alternative, if any.
Though a smooth and peaceful separation is desirable, the employer cannot take the outgoing contract employee for a ride without formal communication of his decision. In such a situation, it is legally right on the part of the employee to simply walk out on the expiry of the notice period. Whether you are willing or not, there is no harm in appraising the prospective employer of the relief problem so that he may himself extend your joining time or insist on your joining without formal documents of relief, considering the problem created by the indecisiveness of the present employer. It is for you to decide and act accordingly.
From India, Salem
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Hi Umakanthan, my employer is not accepting my proposed relieving date; they are just asking me to wait until they confirm. Therefore, I have decided to leave on the 30th day as per the terms of my exit. Additionally, I do not have any tasks or assignments that I must complete, and I can demonstrate that it is a non-critical project if necessary.
If I do not go to the office from the 31st day and if my employer denies my full and final settlement and experience letter, can I approach the Labour Office for my rights? Please advise.
Thank you.
From India, Jubilee Hills
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If I do not go to the office from the 31st day and if my employer denies my full and final settlement and experience letter, can I approach the Labour Office for my rights? Please advise.
Thank you.
From India, Jubilee Hills
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