Hello There!
I am working in IT company, I joined the company 2 years back.. I have two months of notice period to be served.
I have resigned from my post as web developer on 13 of March 2017. I requested my HR to relive me on 13 of April 2017[as I also asked him that I will pay for one month] but he asked me to stay couple more days as company is not having my replacement so, I somehow managed to extend the notice period and told him that I can maximum extend up to 28 of April 2017. Now my HR is telling me you can not leave the company this and that, we don't have resources, you will have to serve the notice period.
So I told him that I am paying you for the remaining days and I tried as much as I could to extend my notice period.
Now I need some suggestion what I can tell him so that I can leave the company on 28 April 2017.
I am actually going to start my further studies and my classes are starting from 1 of May 2017.
I need your help so that somehow I can tell my HR to relive me on 28 of April. I don't understand can he ask[force] me to stay and serve the whole notice period on the other hand I am ready to pay the firm whatever the amount is. I need my reliving and experience letter so that I am being patient. Please suggest me some way to get out of this, shall I take any legal steps?
What legal steps my firm can take against me?
Please Help!! Thank You.
Soham
From India, Vadodara
I am working in IT company, I joined the company 2 years back.. I have two months of notice period to be served.
I have resigned from my post as web developer on 13 of March 2017. I requested my HR to relive me on 13 of April 2017[as I also asked him that I will pay for one month] but he asked me to stay couple more days as company is not having my replacement so, I somehow managed to extend the notice period and told him that I can maximum extend up to 28 of April 2017. Now my HR is telling me you can not leave the company this and that, we don't have resources, you will have to serve the notice period.
So I told him that I am paying you for the remaining days and I tried as much as I could to extend my notice period.
Now I need some suggestion what I can tell him so that I can leave the company on 28 April 2017.
I am actually going to start my further studies and my classes are starting from 1 of May 2017.
I need your help so that somehow I can tell my HR to relive me on 28 of April. I don't understand can he ask[force] me to stay and serve the whole notice period on the other hand I am ready to pay the firm whatever the amount is. I need my reliving and experience letter so that I am being patient. Please suggest me some way to get out of this, shall I take any legal steps?
What legal steps my firm can take against me?
Please Help!! Thank You.
Soham
From India, Vadodara
If your appointment letter has clause of 2 months notice period/ payment in lieu thereof, then you are entitled to serve 2 months notice period or to pay. Whether the company will relieve you upon your resignation immediately by accepting the notice pay from you OR they will relieve you only after 2 months is discretion of the company. But they cannot ask you to work for an extra single day after the notice period is over.
Surely some legal actions may be taken but before that content of your resignation letter and subsequent communication/ letters with the HR needs to be considered first before proceeding further.
From India, Kolkata
243Surely some legal actions may be taken but before that content of your resignation letter and subsequent communication/ letters with the HR needs to be considered first before proceeding further.
From India, Kolkata
Hi soham,
As Mr. Ritesh mentioned, please check the relieving clause mentioned in your offer letter. If it reads 2 months notice period or compensation, then you can request your management to accept the compensation. However, as you mentioned you are a web devloper, please check whether you have signed any internal project assurance documents where you agreed to stay till completion of project etc., Said agreement will also stand as a strong proof for the employer to ask you to stay. If nothing singned and you are ready to adhere the clasuses of your offer letter, then you have all rights to request your management. In such case the management wont have any option to force you to stay. If they do so, you can file a legal case against them through your labour department and also through your advocate. But before doing such, please ensure you have all the necessary documents clear to prove your side.
From India, Madras
As Mr. Ritesh mentioned, please check the relieving clause mentioned in your offer letter. If it reads 2 months notice period or compensation, then you can request your management to accept the compensation. However, as you mentioned you are a web devloper, please check whether you have signed any internal project assurance documents where you agreed to stay till completion of project etc., Said agreement will also stand as a strong proof for the employer to ask you to stay. If nothing singned and you are ready to adhere the clasuses of your offer letter, then you have all rights to request your management. In such case the management wont have any option to force you to stay. If they do so, you can file a legal case against them through your labour department and also through your advocate. But before doing such, please ensure you have all the necessary documents clear to prove your side.
From India, Madras
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