Mr Tapan Apte
4 months ago
I have resigned from tcs I have acceptance mail from tcs with LWD mentioned in the mail and I have also submitted my I card and my laptop as suggested by my HR. Now the HR has change the LWD to some different date without informing me due to internal politics and wants me to serve the notice period when I have the resignation acceptance mail from HR and I have completed all the exit formalities and have no due clearance mails from all the departments
A.Dear Client,
A contract of employment governs the relationship between the employer and employee and both are required to discharge their contractual obligation. In case the contract of employment requires service of notice period on resignation, then an employee has to abide by the terms of employment when he tenders his resignation. It appears that you tendered your resignation without following the terms of employment which was accepted by default by the HR Deptt and when the HR department realising their default in acceptance of your resignation, asked you to serve the notice period revising your LWD. An unintentional human error or default cannot be a ground of waiving of the terms of employment unless there exists a buyback policy of notice period in the Company. In the scenario, you may approach the HR Deptt. to relieve you with immediate effect adjusting the payment of notice period with your F & F Dues considering your career prospects and principle of natural justice. If the Company regret your appeal, then you can escalate your grievance before the concerned Labour Commissioner on the ground of unfair labour practice as defined under Sec.2(ra) of the Industrial Dispute Act, 1947 or make an application before the Inspector of Shops and Establishment appointed under the State specific shops and establishment Act. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time.
A contract of employment governs the relationship between the employer and employee and both are required to discharge their contractual obligation. In case the contract of employment requires service of notice period on resignation, then an employee has to abide by the terms of employment when he tenders his resignation. It appears that you tendered your resignation without following the terms of employment which was accepted by default by the HR Deptt and when the HR department realising their default in acceptance of your resignation, asked you to serve the notice period revising your LWD. An unintentional human error or default cannot be a ground of waiving of the terms of employment unless there exists a buyback policy of notice period in the Company. In the scenario, you may approach the HR Deptt. to relieve you with immediate effect adjusting the payment of notice period with your F & F Dues considering your career prospects and principle of natural justice. If the Company regret your appeal, then you can escalate your grievance before the concerned Labour Commissioner on the ground of unfair labour practice as defined under Sec.2(ra) of the Industrial Dispute Act, 1947 or make an application before the Inspector of Shops and Establishment appointed under the State specific shops and establishment Act. Section 27 of the Indian Contract Act,1872 prohibits any agreement in restraint of trade and profession. As per the mandate of Section 27, any terms and conditions of an agreement/contract that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. The employee has the right to resign from the employment even if he has agreed to serve the employer for a specific period of time.
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