- This topic has 21 replies, 2 voices, and was last updated 1 year, 2 months ago by
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JI am a contractual employee in a company, and my parents have not been keeping well. So I resigned and came back to my native place. I dropped a mail and resigned, now they are telling me I need to serve a mandatory 30 day notice period according to company policy? I never signed any policy or was intimated about the same. The only letter I signed was the one below. They are not accepting resignation. What should I do? PS I have also been offered jobs at other places which require immediate joining.
8. Termination
The Company may terminate this Agreement by issuing a written notice of termination to the second Party 3 days in advance of such intended termination or immediately in case of material breach of terms and conditions of this agreement causing damage to goodwill and reputation to the Company i.e the first part of this agreement. The Contractual Employee shall be liable to refund 50% in respect of the remuneration received for past services rendered to the Company upon earlier termination of this Agreement. In case the second party i.e the Contractual Employee submits resignation before the completion of the term of employment the second party is of obligation to serve the notice period as per terms and conditions of employment agreement and offer a letter signed by the Second Party on date of joining.
9. Nature of Relationship -
GThere should be a termination clause for the party(applicable to you) in that offer letter, find that and post here..
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J[Please check if this works.](https://imgur.com/a/FgBjTov)
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J
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GIn the term clause, your term duration is not mentioned.
Seems it is like a generalised format of offer letter.
Anyhow if your company said your term (duration of work) at the time of joining contract (your job) and you completed working that term,no need to serve notice,
Else if you didn’t complete the term, you need to serve the notice period as said by your company.-your offer letter clauses are incomplete.
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JNo term period was mentioned ever to me. It was never specified, not stated anywhere. And also notice period isn’t mentioned nowhere.
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GDo you remember?
That the offer letter you signed and gave to the company has gaps in the term upto ……….?
so that they fill it with the date they like ?-
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GThat document itself is invalid.
You dont need to serve notice.
But if they send legal notices that you have to pay recovery money due to non service period, you should be prepared enough to send a strong reply notice stating that the offer letter itself is void and can’t sustain in the eye of law.Don’t worry, you don’t need to serve notice. I believe.
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