Hi Friends,
Its really kind of urgent for me. I have resigned from my company where I was informed that I have 1 month notice period but now they saying it is three months, I have already committed my joining date in my new company and they are not extending it as now they think I am lying about my notice period.
The text of my Appointment Letter states that :-
Notice period.
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Your service is liable to be terminated by the company giving „Three Months‟ notice or payment of gross monthly salary in lieu thereof on either side on confirmation. However, in event of your resignation, the company in its sole discretion will have an option to accept the same and relieve you prior to completion of stipulated notice period of one month without any pay in lieu of notice period.
\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"
Could anyone please confirm by reading this what is my notice period as I find the language very confusing.I have already resigned and its more than a month now.
From India, Delhi
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Its really kind of urgent for me. I have resigned from my company where I was informed that I have 1 month notice period but now they saying it is three months, I have already committed my joining date in my new company and they are not extending it as now they think I am lying about my notice period.
The text of my Appointment Letter states that :-
Notice period.
\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"
Your service is liable to be terminated by the company giving „Three Months‟ notice or payment of gross monthly salary in lieu thereof on either side on confirmation. However, in event of your resignation, the company in its sole discretion will have an option to accept the same and relieve you prior to completion of stipulated notice period of one month without any pay in lieu of notice period.
\"\"\"\"\"\"\"\"\"\"\"\"\"\"\"
Could anyone please confirm by reading this what is my notice period as I find the language very confusing.I have already resigned and its more than a month now.
From India, Delhi
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Hi Prateek!
That's what happens when the contracts are loosely drafted or are made by people simply copy-pasting or by someone not dealing with them. The document cited seems to be quite loose. Well, anyhow, you will surely benefit from the doubt.
Coming back to the question of what the notice period is. Due to blind copy-pasting, the content has become confusing and contradictory. If somehow we try to keep both languages as they are, then it implies that the resignation notice period is one month.
Now the immediate question is, what is to be done? HR will surely not accept your viewpoint. They will stick to the three-month period. Try to amicably explain to them that three months are for termination, and termination and resignation are two different events, as per the language used. Try to find a mid-way. If that fails, be prepared to bear the brunt of compensating the company for the remaining 1-1.5 months or adjusting it in your F&F.
By saying so, some may ask why you should compensate when you are not wrong. Compensation is necessary because you need their relieving and experience letter to secure your new job. They are currently in a position to manipulate unless your new company exempts you from such a certificate and is okay with accepting your resignation letter.
If there are any other concerns, please let us know.
Thanks,
Puneet Sarin
+919899998952
From India, Gurgaon
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37That's what happens when the contracts are loosely drafted or are made by people simply copy-pasting or by someone not dealing with them. The document cited seems to be quite loose. Well, anyhow, you will surely benefit from the doubt.
Coming back to the question of what the notice period is. Due to blind copy-pasting, the content has become confusing and contradictory. If somehow we try to keep both languages as they are, then it implies that the resignation notice period is one month.
Now the immediate question is, what is to be done? HR will surely not accept your viewpoint. They will stick to the three-month period. Try to amicably explain to them that three months are for termination, and termination and resignation are two different events, as per the language used. Try to find a mid-way. If that fails, be prepared to bear the brunt of compensating the company for the remaining 1-1.5 months or adjusting it in your F&F.
By saying so, some may ask why you should compensate when you are not wrong. Compensation is necessary because you need their relieving and experience letter to secure your new job. They are currently in a position to manipulate unless your new company exempts you from such a certificate and is okay with accepting your resignation letter.
If there are any other concerns, please let us know.
Thanks,
Puneet Sarin
+919899998952
From India, Gurgaon
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Appointment Letter to an Employee for fixed period.doc
CiteHR.AI
(Fact Checked)-The user's reply is mostly correct. The notice period for resignation is indeed one month based on the text provided from the Appointment Letter. It is advisable to communicate with HR to clarify this discrepancy and negotiate a resolution amicably. (1 Acknowledge point)