Hello sir, I have an issue regarding my job,I have kept resignation on 29th March and negotiated to do notice for one month they have accepted and released resignation acceptance letter stating that my last working day will be on April 29th however on the last of my resignation they said they gonna extend my notice since my new job joining is date is May 2nd I told them I couldn't serve notice period for 2 months and opted for buyout now they are demanding and harrassing me to serve notice or else they are not going to release experience letter which impacts my career in new job .. please suggest
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Once company has given in writing that you have to serve one month notice period they cannot subsequently insist that you serve 2 months notice period
2) however if you want experience letter you will have to serve extended period
3) seek extension of time to join new organisation
You are released on 29th April but again employer asked to complete notice period of two months. You can approach civil court against employer as having accepted 29th as last working day, you cannot be asked to service notice period of one more month. But Court proceedings take time, you may get order from Court after one year. During this period you cannot work for present employer as you have filed a case against him and you can neither join new job due to want of experience certificate. Better to talk with employer and settle amicably obtaining you experience letter. You will get much better opportunities. Don’t spoil your reputation in market.
It is indeed a tricky situation. You need to act tactfully. Please ask your new employer for extension of time for your joining them, explaining your difficulties convincingly. Serve out the extra time here, but request them to relieve you immediately on your substitute joining and issue you the relieving letter as well as the experience letter. Good luck.
Dear Client,
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, if the notice period of one month is mentioned in the offer letter , then the said employer cannot force you to work for two months , and further the said company cannot harm you.
- You can send a legal notice to the said employer and request him to issue a Reliving/experience letter .
You can contact me, if further suggestion needed.
You can buyout the said period if you want to from the said company. The company can't force you to serve the same
You can issue a follow up to your resignation letter by sending the same by registered post reiterating your decision to pay for the balance of the notice period not served and your last working date would be ....
If they don't accept and refuse to issue the reliever letter and experience certificate , you may issue legal notice and then follow it up legally.
