Expert: John Varghese - 2/2/2011

Question
I am working in a limited company in M.P, India from 2nd November 2009. I have given resignation on 5th January 2011 and it was received by our functional head on 6h January 2011, and also informed our HR department through mail by scan copy of resignation letter. Before resignation I have not received any confirmation letter form organization, but only received salary increment letter on 25th November 2011. As per my appointment letter terms and conditions notice period 1 month in provisional period and 3 months after confirmation. In my resignation letter I had mentioned my relieving date 4th February 2011. As discussed with HR they are saying my notice period 3 months.
Please advice and help me.

Answer
Dear Soumen,

Since you have not received any confirmation letter, I would suggest you to issue a letter to the HR department stating that since you had not received the confirmation letter till date your notice period is 1 month and on that basis you had legitimately expected that you would be relieved by 4th February 2011. You can also take the stand that on the basis of the expectation that it was a mistake for demanding 3 months notice period from you since you are not confirmed, you are expecting the company to relieve him from duty with effect from evening of 4th February 2011 and would be engaged in further commitments from 5th Feb 2011. Let us see what happens. Hope you wouldn't mind updating me about the reply from the company.

Regards

John Varghese