Community › Forums › Legal Advice India › Notice period extension by company – Need Advice
- This topic has 15 replies, 8 voices, and was last updated 1 year, 5 months ago by
Fierceanirudh9723.
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UUser_d40f6429
PARTICIPANT
January 13, 2025 at 10:46 amHi guys,I am working in a scaled startup since Feb 2022. I had put paper during the third week of Nov and my last working day will be Jan 20th.
But today, my manager and his manager conveyed to me that they will be extending the notice period because I had taken emergency leaves due to the passing away of my Uncle. And the work they assigned me wasn’t completed.
I only have one offer and I had conveyed to them earlier that my last working day will be on Jan 20th and I will join on Jan 21st.
What to do in this situation as my manager’s manager threatened me saying that he will not give relieving letter indirectly? I had reached out to my HR and she told that she is busy and will talk later.
What to do here? I am confused and anxious and most of all, I want to leave this place. Should I mail HR all my grievances?
Should I involve a lawyer? I am also okay to pay out whatever the leaves I took to leave this place early.
Please guide me in this if you have already gone through this!!
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FFierceanirudh9723
PARTICIPANT
January 13, 2025 at 10:52 amLeave taken during notice period generally results in the notice period getting extended by those many days. It’s an industry standard. Discuss with your new employer and see if they can extend the joining date by the number of days of leave you have taken. Tell them that you had taken leave because of uncle’s passing away. The new employer has waited for so long, few days here and there will not matter much to them. If possible share the email regarding extension of notice period and your leave approval mails to the new employer.-
UUser_d40f6429
OP
January 15, 2025 at 3:28 amOne more question that I have is that, can they extend my notice period after I had served my extra days by saying that the work is not done?-
FFierceanirudh9723
PARTICIPANT
January 15, 2025 at 4:28 amIdeally in notice period you focus on handover. Company should not assign new work. May be if you are in the middle of some work then you can bring it to some logical point and then handover. These things should be discussed and clarified in the first week of notice period itself so that there are no surprises for any party in the end. Whatever work is assigned to you, do your own assessment whether you can finish it during notice period. If not then highlight to your manager. Tell them you will try your best to finish the work but thereβs just too much and not enough time. They cannot extend the notice period without proper justification and certainly not at the last moment. Have clear line of communication. Be professional and donβt threaten lawyering up on slightest disagreement. It will make you look like a fool.
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PPuneetknight613
PARTICIPANT
January 13, 2025 at 10:52 amJust pay off the notice period.-
UUser_d40f6429
OP
January 13, 2025 at 12:18 pmThis is not an option with my current employer. They told that they don’t have this policy
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UUser_86514771
PARTICIPANT
January 13, 2025 at 10:55 amAsk the HR to extend the joining date by a week or 2. Mostly theyβd agree because they have already invested on interviewing you and preparing for onboarding etc. Also try to explain your situation.Apart from that you can buy that extra notice period by paying if your manager agrees.
Try both
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UUser_d40f6429
OP
January 13, 2025 at 12:19 pmPaying off is not possible with my current org as they mentioned that they don’t have any such policy-
UUser_86514771
PARTICIPANT
January 13, 2025 at 12:26 pmJust explain your situation to new hr and get the joining date extended
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SSoniaeagle333
PARTICIPANT
January 13, 2025 at 10:56 amJust for Information – The best way to get rid of Notice period is becoming a disgruntled employee which has reached saturation point and doesn’t like working in company anymore but only give KT and fix bugs in code if any. You will be relieved immediately.-
UUser_d40f6429
OP
January 13, 2025 at 12:21 pmMy super manager threatened me saying that he will not be giving me the relieving letter if I do that. What can I do about this? This is where I thought I can proceed legally if they don’t give me that.
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PPronimesh3885
PARTICIPANT
January 13, 2025 at 10:57 amJust bargain hard with them. Politely and courteously. Don’t lose your calm ever during discussions.Push comes to shove, ask the HR to deduct the leaves from your FnF settlement amount.
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UUser_d40f6429
OP
January 13, 2025 at 12:24 pmI did all of that. And I also lost calm. I had a conversation with HR and actually cried a little bit in front of her because of the threat.I guess I told her a lot of shit that I shouldn’t have told. Don’t know if I made things worse by going to HR.
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MMegaprashant4593
PARTICIPANT
January 13, 2025 at 11:04 amOffer to pay for the number of extra days and exit.You can also connect with the HR of your new company – and explain that you will need a week to join as you need to complete your exit formalities due to a death in the family.
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UUser_d40f6429
OP
January 13, 2025 at 12:26 pmDon’t have that option according to HR, but I will read docs and records just to be sure.
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PProankit8173
PARTICIPANT
January 13, 2025 at 3:26 pmAsk new employer if they need relieving letter.
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