Hello! I joined an institute on the 23rd of May as a visiting faculty. I was given a base offer letter by email which had no clauses about the notice period. After a few months, I was given an official offer letter which I didn't sign as some clauses weren't acceptable to me.
A few days back I got a good offer from a good company, and they needed me on an immediate basis. Since I had not signed any offer letter, I accepted the new offer. Now HR says that he will withhold my salary if I resign without giving a notice period. Also, he says I am still on probation as he doesn't consider my start date as 23rd May and says that no one considers a mid-date. Please guide me on how I go about this.
From India, Thane
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A few days back I got a good offer from a good company, and they needed me on an immediate basis. Since I had not signed any offer letter, I accepted the new offer. Now HR says that he will withhold my salary if I resign without giving a notice period. Also, he says I am still on probation as he doesn't consider my start date as 23rd May and says that no one considers a mid-date. Please guide me on how I go about this.
From India, Thane
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Hi,
Strictly speaking, in the absence of any employment contract with a proper separation clause duly signed by both parties (you and your employer), there is no need for a notice period. It is not clear from your question whether you were retained by them on a full-time basis or on an assignment call basis (visiting faculty). In the case of a temporary assignment, clauses related to regular employment won't be applicable. Also, if it is only until May 23, a very short period of 6 months, there is no need for your employer to be very stringent on the notice period.
But why do you want to wash your hands just like that? Being a visiting faculty, why not provide some notice period to your employer and get properly relieved? If you leave without notice, the employer may withhold your salary and relieving letter. The legal process might take time. It's better to compromise with your employer, seek an amicable solution, and get properly relieved.
From India, Madras
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1015Strictly speaking, in the absence of any employment contract with a proper separation clause duly signed by both parties (you and your employer), there is no need for a notice period. It is not clear from your question whether you were retained by them on a full-time basis or on an assignment call basis (visiting faculty). In the case of a temporary assignment, clauses related to regular employment won't be applicable. Also, if it is only until May 23, a very short period of 6 months, there is no need for your employer to be very stringent on the notice period.
But why do you want to wash your hands just like that? Being a visiting faculty, why not provide some notice period to your employer and get properly relieved? If you leave without notice, the employer may withhold your salary and relieving letter. The legal process might take time. It's better to compromise with your employer, seek an amicable solution, and get properly relieved.
From India, Madras
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Thank you so much mam ! I am a visiting faculty. And the new company is in urgent neeed so that is why I have to resign. I have given a 2 day notice. Is there any document which proves me right?
From India, Thane
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From India, Thane
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Hi,
Why not request some time from your new employer to join? You need to find a balance somehow.
Giving only a 2-day notice is obviously very short. Your current employer will expect some breathing time to manage your absence, isn't it?
If you leave abruptly, they may withhold your salary and experience certificate. Proving legally that you are in the right comes later. The decision is yours.
From India, Madras
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Why not request some time from your new employer to join? You need to find a balance somehow.
Giving only a 2-day notice is obviously very short. Your current employer will expect some breathing time to manage your absence, isn't it?
If you leave abruptly, they may withhold your salary and experience certificate. Proving legally that you are in the right comes later. The decision is yours.
From India, Madras
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Hi Preeti, It's important to address this situation carefully and professionally. Here are some steps you can consider:
Review Your Documents: Go through all the communication, including emails and offer letters, to understand the terms and conditions mentioned, especially regarding notice periods and start dates.
Communicate Clearly: Schedule a meeting with the HR representative to discuss the situation. Clearly express your understanding of the terms mentioned in the initial communication and the lack of mention of a notice period. Explain your reasons for accepting the new offer and the immediate requirement. Emphasize that you did not sign the official offer letter due to certain clauses.
Negotiate: If there is room for negotiation, discuss the possibility of a shorter notice period or any other mutually agreeable terms. Mention that you are willing to fulfill any reasonable obligations but need to consider the new opportunity as well.
Seek Legal Advice: Consult with a legal professional to understand your rights and obligations. They can provide advice based on the specific employment laws in your region.
Document Everything: Keep records of all communications with the HR representative. This includes emails, meeting notes, and any other relevant documents. This documentation may be crucial in case of a dispute.
Resignation Letter: Submit a formal resignation letter clearly stating your last working day. Be professional in your communication, expressing gratitude for the opportunity and explaining the reasons for your departure.
Follow Company Policy: If there is an official company policy regarding notice periods, try to adhere to it as much as possible. This can help maintain a positive professional relationship.
Prepare for Withholding Salary: While you work through the situation, be prepared for the possibility that your salary might be withheld. Consult with legal professionals to understand the implications and possible courses of action. It's crucial to handle the situation professionally and to be aware of your rights and obligations. Seeking legal advice specific to your jurisdiction will provide you with the most accurate information for your situation.
Thanks,
From India, Bangalore
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Review Your Documents: Go through all the communication, including emails and offer letters, to understand the terms and conditions mentioned, especially regarding notice periods and start dates.
Communicate Clearly: Schedule a meeting with the HR representative to discuss the situation. Clearly express your understanding of the terms mentioned in the initial communication and the lack of mention of a notice period. Explain your reasons for accepting the new offer and the immediate requirement. Emphasize that you did not sign the official offer letter due to certain clauses.
Negotiate: If there is room for negotiation, discuss the possibility of a shorter notice period or any other mutually agreeable terms. Mention that you are willing to fulfill any reasonable obligations but need to consider the new opportunity as well.
Seek Legal Advice: Consult with a legal professional to understand your rights and obligations. They can provide advice based on the specific employment laws in your region.
Document Everything: Keep records of all communications with the HR representative. This includes emails, meeting notes, and any other relevant documents. This documentation may be crucial in case of a dispute.
Resignation Letter: Submit a formal resignation letter clearly stating your last working day. Be professional in your communication, expressing gratitude for the opportunity and explaining the reasons for your departure.
Follow Company Policy: If there is an official company policy regarding notice periods, try to adhere to it as much as possible. This can help maintain a positive professional relationship.
Prepare for Withholding Salary: While you work through the situation, be prepared for the possibility that your salary might be withheld. Consult with legal professionals to understand the implications and possible courses of action. It's crucial to handle the situation professionally and to be aware of your rights and obligations. Seeking legal advice specific to your jurisdiction will provide you with the most accurate information for your situation.
Thanks,
From India, Bangalore
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Thank you, Dr. Raghunath. I haven't signed a single document since I joined. I was given an offer letter 4 months after joining, which I didn't sign as some clauses weren't acceptable to me since I am a visiting faculty. So, the letter remained unsigned with HR.
I did send a positive formal resignation with a 2-day notice period as that's the only time I have.
From India, Thane
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I did send a positive formal resignation with a 2-day notice period as that's the only time I have.
From India, Thane
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Notice Period Extension Letter Format.doc