Hello there, Recently I have put a registration mail to my employer and asked for 30 days notice period but they are asking me to serve notice period of 3 months, I had a argument with my manager pointing that there is nothing mentioned in the offer letter or employment contract then why I should serve 3 months notice period, they are denying and thearething me that they will not give experience letter and relieving letter. What should I do?
1. It's not clear as to whether you are under probationary period or a confirmed employee.
2. As per your narration there's no mention of notice period in either offer letter or employment contract. Then your employer can't force you now to accept three months' notice period.
3. Send a legal notice if the employer is threatening you that the employer will not give experience letter and relieving letter.
If there's no clause in the employment offer letter making it mandatory to serve three months notice period upon tendering the resignation then you can confirm your last working day as per your notice to the company and inform them to relieve you on the said date and settle the f and f and issue experience certificate failing which you can initiate legal action against the company as per law.
Serve the 3 months notice period if you want experience letter and relieving letter
in the alternative complain to labour commissioner against the company refusing to give you experience letter and relieving letter
Thank you all for the responses. Regarding service 3 months notice period.It's not possible for me, as I had already accept an offer letter with joining date as one month from my resignation date, I tried to convince the HR for 3 months but they are not considering so I tried to convince my manager stated the problem but he is not listening, and when I said I won't be able to serve 3 months notice period then he started giving me threat that he won't give me experience and relieving letter. So I need the advice, they are saying 3 months is standard and everyone has to serve, but it's not written in my offer letter not even official notified.
You were advised to follow the conditions as prescribed in the employment offer letter.
They cannot force you to abide by their own rules at this stage.
You can take legal action if they don't issue the relieving letter or experience letter etc despite complying with the stipulated conditions.
1) you are not bound to serve the 3 months notice period s there is no such clause in your contract
2) even if company goes to court it would not get any reliefs
3) however if you want relieving letter better serve the 3 months notice as litigation is long drawn and expensive proposition
Whatever may be the standard notice period and in your offer letter since 3 months is not specifically mentioned as notice period, you need not serve three months' notice period. In case the Company refuses to get you experience certificate and relieving letter, send a legal notice to your employer.
- 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.
- 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, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- If the offer /appointment letter having no clause of notice period , then you are not bound to serve or pay the same , and the company cannot refuse to issue experience and relieving letter to you.
- You can send a legal notice to get the experience and relieving letter after giving details of offer letter.
Dear client, an employer cannot force an employee to complete a notice period unless there is a stipulation in the rules or the terms of appointment.
If its not written in the agreement you canon be compelled. The terms of the agreement are sacrosanct and have to be followed in the shape and manner ion which they exist.
You can serve or buy the notice period mentioned in your contract
