I joined my company on 14th September 2020 with a contract period of 1 year. After the contract ended, I worked for the company for 1.5 months as I was waiting for an offer from the company. The company didn't meet my demands, so I want to quit, but they have said that I have to work for 1 month as the notice period is one month. Is it really required for an employee to work even after the end of the contract? If yes, then what are the consequences of not serving the notice period?
From India, Chennai
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From India, Chennai
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The appointment letter you have posted, if it is real (it looks like you made it yourself for this post), is strange. I have not seen a company make a letter like that.
Anyway, the appointment is for a specified period. How can the appointment letter be given when you are working through a contractor, I do not know. So if the appointment period is over, there is no need for a notice period for termination on either side.
However, you have not ended your employment on the last day specified in the letter. Therefore, it is assumed that you have mutually modified the letter and terms of employment. Now the employment is 'at-will' and, therefore, the normal and standard notice period is applicable. A one-month notice period is quite fair.
I would suggest you complete the notice period and take a clean exit, as future employers will definitely do background verification.
From India, Mumbai
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2508Anyway, the appointment is for a specified period. How can the appointment letter be given when you are working through a contractor, I do not know. So if the appointment period is over, there is no need for a notice period for termination on either side.
However, you have not ended your employment on the last day specified in the letter. Therefore, it is assumed that you have mutually modified the letter and terms of employment. Now the employment is 'at-will' and, therefore, the normal and standard notice period is applicable. A one-month notice period is quite fair.
I would suggest you complete the notice period and take a clean exit, as future employers will definitely do background verification.
From India, Mumbai
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Yes I have received the appointment letter from my company. Is there any other option instead of working for 1 month?
From India, Chennai
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From India, Chennai
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Dear Colleague,
As rightly guided by our colleague, it is clear that the terms of appointment are sometimes "express or implied." In your case, if you left the company on the date on which your contract expired, no one can question you as there is no employer-employee bond existing after that. However, having worked for 1.5 months and remaining silent, there is an implied bond that exists, and it is better you complete the 1-month notice period and exit smoothly if you are not satisfied with any new offer that might be given by the same employer.
Abruptly breaking service is possible, and legally you may face consequences if any actions are followed by your employer that could spoil your future career. Have patience for a few months; let this one month also pass. There is no other option like a notice pay buyout as the said contract is silent on this provision.
All the best, God bless
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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As rightly guided by our colleague, it is clear that the terms of appointment are sometimes "express or implied." In your case, if you left the company on the date on which your contract expired, no one can question you as there is no employer-employee bond existing after that. However, having worked for 1.5 months and remaining silent, there is an implied bond that exists, and it is better you complete the 1-month notice period and exit smoothly if you are not satisfied with any new offer that might be given by the same employer.
Abruptly breaking service is possible, and legally you may face consequences if any actions are followed by your employer that could spoil your future career. Have patience for a few months; let this one month also pass. There is no other option like a notice pay buyout as the said contract is silent on this provision.
All the best, God bless
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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Dear Syed Haseeb,
As per the law, the contract ends or expires on the stipulated date of the contract. Therefore, the clauses in the contract or the terms of appointment are not binding on you. You can leave without offering the notice period because the contract cannot compel you to do so as it has expired.
Your employer has not mentioned any such clause; hence, the period of work for 1.5 months can be ended at will since no contract exists on any day.
Based on the shared contract appointment, your employer cannot act legally. It is up to you to decide what your future actions should be. If followed by your employer, it will harm your future career. Have patience for a few more months and let this one month also pass. There is no other option like a notice pay buyout as the said contract is silent on this provision.
From India, Mumbai
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As per the law, the contract ends or expires on the stipulated date of the contract. Therefore, the clauses in the contract or the terms of appointment are not binding on you. You can leave without offering the notice period because the contract cannot compel you to do so as it has expired.
Your employer has not mentioned any such clause; hence, the period of work for 1.5 months can be ended at will since no contract exists on any day.
Based on the shared contract appointment, your employer cannot act legally. It is up to you to decide what your future actions should be. If followed by your employer, it will harm your future career. Have patience for a few more months and let this one month also pass. There is no other option like a notice pay buyout as the said contract is silent on this provision.
From India, Mumbai
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Employment After Contract Expiry
After the expiry of the contract period, a contract employee cannot continue to work further unless the principal employer asks for and issues a fresh offer letter. In the absence of such a fresh appointment letter or offer letter, such employment is not justified. Hence, there remains no value to clauses of termination, etc.
You worked for 1.5 months after the termination of the contract. Under what authority is a question? You may approach the HR Department or management to get clarification, and if not satisfied, you can leave. Amicable settlement is always the best way to part ways.
From India, Vadodara
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After the expiry of the contract period, a contract employee cannot continue to work further unless the principal employer asks for and issues a fresh offer letter. In the absence of such a fresh appointment letter or offer letter, such employment is not justified. Hence, there remains no value to clauses of termination, etc.
You worked for 1.5 months after the termination of the contract. Under what authority is a question? You may approach the HR Department or management to get clarification, and if not satisfied, you can leave. Amicable settlement is always the best way to part ways.
From India, Vadodara
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