Hi, I have joined a private company based in Gurgaon in the month of Feb 2020. I have been informed of a 30-day notice period during the training period for confirmed employees and 15 days for unconfirmed employees. However, no documentation or policy was shared with me during my tenure. Later, I decided to move forward and tendered my resignation with a notice period of 17 days, assuming a 30-day notice period. Now, the company is asking me to serve a 60-day notice period as per company policy (which was never communicated to me) or a recovery letter will be issued accordingly. I need your help on how to handle this situation if any legal letter is issued to me.
From India, Ghaziabad
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From India, Ghaziabad
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The poster has to check his appointment letter as well as the establishment's standing orders or service regulations. In the absence of any mention about notice clause in the appointment letter, whatever is mentioned in this regard in the service regulations will hold good. If both do not speak of notice in the event of separation by either party, the employer cannot compel the employee according to his whims and fancies as of now and then.
If the poster wants a peaceful exit first, he has to try for a negotiated settlement in this regard; secondly, if he wants to avoid undesirable consequences like the present employer refusing to accept his resignation or declaring him an absconder or messing BGV with negative feedback, he has to simply buy out whatever the notice period insisted on now by the present employer for unfortunately the employer always remains a superior party to the contract of employment.
From India, Salem
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6185If the poster wants a peaceful exit first, he has to try for a negotiated settlement in this regard; secondly, if he wants to avoid undesirable consequences like the present employer refusing to accept his resignation or declaring him an absconder or messing BGV with negative feedback, he has to simply buy out whatever the notice period insisted on now by the present employer for unfortunately the employer always remains a superior party to the contract of employment.
From India, Salem
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Dear Sir,
Thank you for the clarity; however, I have not received any appointment or offer letter from the company that describes any of the company policies or the notice period policy. HR has only stated that if the 60-day notice period is not served, a recovery letter will be issued.
Regards,
Kunal
From India, Ghaziabad
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Thank you for the clarity; however, I have not received any appointment or offer letter from the company that describes any of the company policies or the notice period policy. HR has only stated that if the 60-day notice period is not served, a recovery letter will be issued.
Regards,
Kunal
From India, Ghaziabad
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Hi Kunal,
Continuing the post of a learned member,
It's presumed you have already submitted your resignation and supposedly you are now on NP. Counting from the joining date, i.e., Feb. 20, until now you have been on the rolls for almost 6 months. Is it a 'training period'? If yes, will there be a demand from the office to pay back a certain cost of training?
Probably this tenure is interspersed by spells of lockdown/lockout due to COVID stipulations. Did you get a salary for all these months? If there were instances of non-payment of salary, will there be a chance of quoting it as a "reason for quitting"? There is an option to precipitate the issue, definitely, but your career cannot wait for the time involved.
Since there is nothing there on record 'as terms & conditions', a smooth and clear relieving only will help you shape your future career as suggested above.
From India, Bangalore
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Continuing the post of a learned member,
It's presumed you have already submitted your resignation and supposedly you are now on NP. Counting from the joining date, i.e., Feb. 20, until now you have been on the rolls for almost 6 months. Is it a 'training period'? If yes, will there be a demand from the office to pay back a certain cost of training?
Probably this tenure is interspersed by spells of lockdown/lockout due to COVID stipulations. Did you get a salary for all these months? If there were instances of non-payment of salary, will there be a chance of quoting it as a "reason for quitting"? There is an option to precipitate the issue, definitely, but your career cannot wait for the time involved.
Since there is nothing there on record 'as terms & conditions', a smooth and clear relieving only will help you shape your future career as suggested above.
From India, Bangalore
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