Resignation - I have already resigned from my current company
10 months ago
I have already resigned from my current company. While joining this company, there is no any particular regarding notice period. Now my boss is asking that you will not be released unless we are not satisfied with your completed work. I have gone through the offer letter & confirmation letter as well twice. There were not mentioned anything about notice period. What should I do now. I have to join other company soon.
A.Hello,
As per the information you have mentioned you need not to worry , you can leave your current company and join other company without serving notice period but you will not get any relieving letter from there , rather i woukd suggest you to serve your notice period to avoid any dispute in future.
As per the information you have mentioned you need not to worry , you can leave your current company and join other company without serving notice period but you will not get any relieving letter from there , rather i woukd suggest you to serve your notice period to avoid any dispute in future.
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A.Dear Client,
In the absence of an exit policy to quit the employment by an employee, the contract of employment is itself termed as void being illegal and irrational, and accordingly, the provision of governing law, i.e, the provision of the model standing orders as laid down in clause 13(1) of Schedule - I under The Industrial Employment (Standing Orders) Rules, 1946 is applicable which got an overriding effect on the subject. Thus for terminating the employment, notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen, may be paid in lieu of notice. In the given situation since you have already tendered your resignation from the Company the same should be treated at par with the aforesaid provision of the statute applicable on the subject in the absence of specific stipulation in the contract of employment. For any kind of dispute or harassment, reach out to the Office of the concerned Labour Commissioner to represent your grievance for the desired relief.
In the absence of an exit policy to quit the employment by an employee, the contract of employment is itself termed as void being illegal and irrational, and accordingly, the provision of governing law, i.e, the provision of the model standing orders as laid down in clause 13(1) of Schedule - I under The Industrial Employment (Standing Orders) Rules, 1946 is applicable which got an overriding effect on the subject. Thus for terminating the employment, notice in writing shall be given either by the employer or the workman/employee, one month's notice in case of monthly rated workmen and two weeks' notice in case of other workmen, may be paid in lieu of notice. In the given situation since you have already tendered your resignation from the Company the same should be treated at par with the aforesaid provision of the statute applicable on the subject in the absence of specific stipulation in the contract of employment. For any kind of dispute or harassment, reach out to the Office of the concerned Labour Commissioner to represent your grievance for the desired relief.
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A.Hi client,
Notice period is a very crucial thing when leaving or resigning a company.
If you have some clauses regarding resignation , wherein nothing related to the notice period is mentioned then still you have to abide the rules of the notice period.
Exceptions can be applied if you the contract contains such clauses where it is specifically mentioned that you can resign without any notice period you can abide by the same.
Its is better that you let an advocate review the same.
Thanks and Regards
Simi Paul
Notice period is a very crucial thing when leaving or resigning a company.
If you have some clauses regarding resignation , wherein nothing related to the notice period is mentioned then still you have to abide the rules of the notice period.
Exceptions can be applied if you the contract contains such clauses where it is specifically mentioned that you can resign without any notice period you can abide by the same.
Its is better that you let an advocate review the same.
Thanks and Regards
Simi Paul
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