I joined my company on 14th September 2020 with a contract period of 1 year. After the contract ended I worked for the company for 1.5 months as i was waiting for an offer from the company. The company didn't meet my demands so i want to quit but they have said that i have to work for 1 month as the notice period is of one month. Is it really required for an employee to work even after the end of the contract? If yes then what are the consequences of not serving the notice period.
From India, Chennai
From India, Chennai
The appointment letter you have posted, if it is real (It looks like you made it yourself for this post) is strange. I have not seen a company make a stupid letter like that.
Anyway, the appointment is for a specified period. How can the appointment letter be given when you are working through a contractor, I do not know. So if the appointment period is over, there is no need for notice period for termination on either side.
However, you have not ended your employment on the last day specified in the letter. Therefore, it is assumed that you have mutually modified the letter and terms of employment. Now the employment is 'at will' and therefore the normal and standard notice period is applicable. One month notice period is quite fair.
I would suggest you complete the notice period and take a clean exit as future employers will definitely do background verification.
From India, Mumbai
2358Anyway, the appointment is for a specified period. How can the appointment letter be given when you are working through a contractor, I do not know. So if the appointment period is over, there is no need for notice period for termination on either side.
However, you have not ended your employment on the last day specified in the letter. Therefore, it is assumed that you have mutually modified the letter and terms of employment. Now the employment is 'at will' and therefore the normal and standard notice period is applicable. One month notice period is quite fair.
I would suggest you complete the notice period and take a clean exit as future employers will definitely do background verification.
From India, Mumbai
Yes I have received the appointment letter from my company. Is there any other option instead of working for 1 month?
From India, Chennai
From India, Chennai
Dear Colleague,
As rightly guided by our Colleague, it is clear that the terms of appointment is some times " express or implied" In your case if you left the company on the date on which your contract expired, no one can question you as there is no employer -employee bond exist after that. But having worked for 1.5 months and you were mute, there is an implied bond exists and better you complete the 1 month notice period and exit smoothly if you are not satisfied with any new offer that might be given by the same employer.
Abruptly breaking service is possible and legally you may face if any actions followed by your employer that that will spoil your further career. Having patient for few months let this one month also go. There is no other option like notice pay buyout as the said contract is silent on this provision.
All the Best, God Bless
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
As rightly guided by our Colleague, it is clear that the terms of appointment is some times " express or implied" In your case if you left the company on the date on which your contract expired, no one can question you as there is no employer -employee bond exist after that. But having worked for 1.5 months and you were mute, there is an implied bond exists and better you complete the 1 month notice period and exit smoothly if you are not satisfied with any new offer that might be given by the same employer.
Abruptly breaking service is possible and legally you may face if any actions followed by your employer that that will spoil your further career. Having patient for few months let this one month also go. There is no other option like notice pay buyout as the said contract is silent on this provision.
All the Best, God Bless
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Dear Syed Haseeb,
As per the law the contract ends/expires at the end of stipulated date of the contract. Therefore the clauses in contract or the terms of appointment is not binding on you. So you can leave without offering the notice period because the contract can not compel you to do as it has exhausted in lapse of time.
Your employer has not mention any such clause of riding, hence the period of work for 1.5 months can be ended as per wish as no contract is existing on any day.
On the basis of the shared contract appointment your employer cant move legally. It is you to decide what should be your future action. s followed by your employer that that will spoil your further career. Having patient for few months let this one month also go. There is no other option like notice pay buyout as the said contract is silent on this provision.
From India, Mumbai
As per the law the contract ends/expires at the end of stipulated date of the contract. Therefore the clauses in contract or the terms of appointment is not binding on you. So you can leave without offering the notice period because the contract can not compel you to do as it has exhausted in lapse of time.
Your employer has not mention any such clause of riding, hence the period of work for 1.5 months can be ended as per wish as no contract is existing on any day.
On the basis of the shared contract appointment your employer cant move legally. It is you to decide what should be your future action. s followed by your employer that that will spoil your further career. Having patient for few months let this one month also go. There is no other option like notice pay buyout as the said contract is silent on this provision.
From India, Mumbai
After the expiry of contrac period, a contract employee can not continue to work further unless the principal employer asks for and issues you the fresh offer letter.
In the absence of such fresh appointment letter or offer letter, such employment is not justied.
Hence there remains no value to clauses of termination etc.
You worked for 1.5 months after the termination of contract,under what authority is a question?
You may approach Hr Department or management to get the clarification and if not satisfied You can leave.
amicable sttlement is always the best way to part with.
From India, Vadodara
In the absence of such fresh appointment letter or offer letter, such employment is not justied.
Hence there remains no value to clauses of termination etc.
You worked for 1.5 months after the termination of contract,under what authority is a question?
You may approach Hr Department or management to get the clarification and if not satisfied You can leave.
amicable sttlement is always the best way to part with.
From India, Vadodara
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