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Last Updated On 04-Sep-2021
Employment and Labour

Notice period fraud

I quit on July 25th, and my last working day was Sept25th. My start date with the new company was meant to be September 27th. My boss said that if I didn't get a new resignation approval, he would withhold my income and refuse to provide me clearance. In a panic I retracted my resignation and issued a fresh one. I begged him to release me sooner, but he now claims that it is company policy to stay for at least 60 days. I realise I made a mistake by pulling back. I spoke with the new employee, and they refused to wait another month. Please advise on the best course of action in this situation.

( Mumbai, Maharashtra )

03-Sep-2021

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Hi,
The terms and conditions related to termination and resignation which are mentioned in your appointment letter and the rules and regulations of the company are absolute and binding. Since you have revoked our resignation and filed a new one, then the rules regarding it are bound to be applied. You may try and solve this amicably by requesting your current employer to terminate you or you may speak to the new employer and request them to push your joining date post the 60 day period. Legally, there is no other remedy apart from this.
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Posted On 04-Sep-2021
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Now you are in a situation which can not be resolved just like that. The only remedy is that you need to request your current employer to release you quickly. So, sit with your employer and politely tell him to do so. If he is not doing then tell him about the notice period buy option and you can pay him one month salary to get early release. If nothing works then continue to work there.
Posted On 04-Sep-2021
Abhimanyu Shandilya Advocate Abhimanyu Shandilya
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