Technical Resignation

2 years ago

I am currently working in a autonomous institute under GOI. After completion of probation, I had applied to a post in another autonomous government institute by obtaining NOC. Now I have been selected for the post and received offer letter to join within 15 days. I submitted my technical resignation and requested for lien from my current organisation. Meantime, I requested for 3 month extension to joining citing notice period at the current organisation. But unfortunately, I got only one month extension for joining.
I was communicated through mail that my request for lien is not considered by competent authority and need to serve notice period of 3 months. How do I go ahead.

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.You already have NOC from previous institute .
So new institute have to wait 3 months.

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Anik

Responded 2 years ago

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A.Hi,
If your prior employer's employment contract stipulates a three-month notice period, you must provide three months' notice. The only way out is to ask your superiors to shorten the notice period. Check to see whether you have any vacation time left, as this may shorten your notice period also you can avoid the notice period if there are claims like bad working conditions or unfair treatment etc.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
For lien period approach High Court or Tribunal.

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Abhimanyu Shandilya

Responded 2 years ago

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A.You inform the next organization accordingly and let them know your situation and seek the information because if they do not grant the extension in writing and by the time you are relieved from here after three months they do not accept there then you will be in limbo. So, get everything in writing to be on safer side and be sure about it. If they deny to provide the extension they may choose to stay back.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hey,
If your employment contract in your previous organisation says that notice period has to be 3 months then you have to give 3 months notice period. Only way out is requesting your seniors to reduce the notice period. Also check if you have some holidays left which could reduce your notice period.

If you found my answer helpful, please rate my answer. Thank you

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Vaidehi Samant

Responded 2 years ago

A.If you have the communication in writing from your organization just go as per the order since you have done the formality of what was requisite on your part and it is the organisation who approved only one month and in such case if you don't serve the notice period it might give a wrong picture of you for future prospects and the organisation may cause delay your reliving formalities and probably you must have signed contract or appointment letter wherein time period of 3mths must be a mandate and hence not advisable. You can request your new organization to consider your joining date in the future if possible explaining the concerned person about your situation.
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