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Indian Law/Need help regarding the notice period


QUESTION: after giving resignation and serving 2-3 days notice period, my manager and HR person both are not agree to revert acceptance on the email and also not agree to give me any relieving letter.
please help me what should i do..
i can't serve the notice period as new org is not extending my joining date.

ANSWER: You are to submit formal notice by hand/post to your employer to terminate your service contract.However, now-a-days electronic transmission is also treated as a valid vode of communication even by the courts.However,you shall have to comply with the notice period, as stated in your contract.
In view of the above, kindly ensure to serve apprpriate notice to your existing employer and at the same time seek extension of time from your new employer.Merely sereving 2/3 days notice will not be adequate for the purpose.Please take all actions in consultation with a lawyer to protect your interest.

---------- FOLLOW-UP ----------


Thanks a lot for the prompt response. I already have had conversation with my new employer and they are not ready to extend the joining date.
however, as per the appointment letter of the current company states that, either i have to serve the notice period of 30 days or i will have to pay the gross amount in the lieu of the same duration.

in my resignation i have already mentioned that i'm ready to make the payment on my full and final as per company norms.

still can they make me bonded to work with the organisation and take any legal action against me. According to the appointment letter statements can I leave the company without getting any acceptance revert?
i have had a lot conversation with all management guys, but they're not ready to hear even a single word from me except serving at least few days notice period.

ANSWER: It appears that as per terms of your appointment letter ,you have to serve of 30 days notice or pay in the lieu thereof.Therefore,your employer is legally bound to release you as per your notice by making necessary adjustment against your payment.By not acting upon your notice, they are doing a breach of contract.So, please issue a legal notice to release you as per your notice and threatening them that otherwise you shall be compelled to take suitable legal actions against them.However, please do not pay any amount from your own pocket because they can adjust shortage in your notice period against your outstanding dues.Since you have acted as per the contract,even by taking legal action,they cannot make any gain.Rather, the court may direct them to act as per their contract.Here only problem is that court proceedings are too expensive and time consuming.So, ultimately it may not serve any useful purose to yu.They can ofcourse request you to work for a few more days so that they can arrange to make a suitable substitue for you.It is quite a resonable demand by them ,though legally they cannot compel you to stay beyond the date mentioned in your notice.If you do not listen to them,they may not release you and may cause unnecessary mental tention.So, as already advised by me,best course woud be to seek a few days extension for joining time to your new employer.Otherwise ,please ask them to send a request letter to your existing employer to release you immediately.You shall have to take a very prudent decision on the matter,so that you can peacefully leave the present organisation and simultaneously join the new organisation.

---------- FOLLOW-UP ----------

Thanks for your advise, they acted exactly what you said that they are asking me to continue for one more week. But still i'm unable to extend my notice for even a single day.
I have received a call from HR for the same discussion, and tried to convince them but they are not. hence i told the HR person to give me in written that they can't relieve me and she did the same.
now I am replying him as below -
Thanks for the email. As per the terms of my appointment letter, either I have to serve of 30 days notice or pay in the lieu thereof. However, I am ready to pay the full and final amount as per the company norms.
"I already have handed over my job responsibilities/work to the respective supervisors.
Request you to please accept my resignation, as I will not be able to continue my job after today (8th Janí2013)."

and i'll have to leave today without any acceptance as i have all e mail conversations with me.
please advise

If your new employer allows you to join without any release order from your previous employer, then you can join.Once you have served a notice as per your terms of engagement,there is nothing wrong on your part ,if you leave them on the date mentioned in your notice.However, there is a possibility that you may become unemployed , if afterwards your new employer insist for the release order.kindly ensure that such situation will not arise.
With Best Wishes.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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