• Notice Period Extension and Employee threat

Hi All, 

I am I.T employee and currently working in one MNC and serving notice period. I put my resignation just within one month of joining the company. 

As per the appointment letter terms and conditions, the notice period is mentioned as 60 days. However now the HR is asking me to extend more than 60 days and also threating to log my info in Nasscom where I can't get the job in future. 

Project manager is assigning lots of tasks on last week of my notice period and ordering to complete then only he can relieve me. 

They are cornering me since I have been resigned within 1 month. 

Actually I don't require any reliving letter or experience letter from this company. 

Please advise on how to deal with this scenario. I'm so worried regarding the Nasscom registration of my name which result as black mark. 

I would like to know whether we can file a lawsuit for violating the T&C mentioned in appointment letter? 

Please advise!
Asked 8 years ago in Labour

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3 Answers

dont go in for litigation . it is long drawn and expensive proposition

2) instead of 60 days you can offer to work for another month but express your inability to continue beyond period of 90 days

3) if inspite of your working for additional period if company complains to Naascom then proceed legally against company for having defamed you

Ajay Sethi
Advocate, Mumbai
96210 Answers
7742 Consultations

5.0 on 5.0

1) if you don't need experience and relieving letter you should on completion of 60 days notice period leave the organisation

2) since you have confirmed job in hand and your employer has done verification checks take the job

3) don't bother about nasscom threat

Ajay Sethi
Advocate, Mumbai
96210 Answers
7742 Consultations

5.0 on 5.0

1. Once the contract of employment is executed it ranks sacrosanct. You are not bound to serve the notice period for duration longer than what is prescribed in the contract. Since he is threatening to hamper your career prospects you should file a suit for permanent injunction to restrain him from doing so.

2. No employer can be permitted to play havoc with the career of an employee, more so an employee who complies with the contract of employment in letter and spirit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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