How To Quit In Contract Employment?

Dear Sir/Madam,

I am on an employment contract of 1 year as mentioned in the offer letter. In the offer letter, it is mentioned that I will receive my confirmation letter after 6 months, but no such confirmation letter has been given to me.

Now, the company has extended its working hours. Previously, it was from 10 am to 6 pm, and now it is from 9 am to 8 pm, adding an additional 3 hours without any prior notice.

If I have to quit this company based on these additional working hours:
1. What should be the notice period for resignation?
2. If the contract ends, let's say on 17 March 2013, do I have to provide prior notice, or can I quit by sending an email on 16 March 2013, stating that 17 March will be my last working day in the office?

I need help.

Thanks and Regards,
Rupesh

Dear Rupesh,

Though termed as "labour laws" in India, in all practical purposes, these are "employer laws." Employers always have the upper hand and they have the scope to manipulate anything and everything. Non-payment of staff salaries by KFA for months, pay disparity between regular and contract employees, or mass termination of employees due to "loss of trust" by Maruti Suzuki Motors speaks volumes about what I am saying.

If you do not wish to continue the contract, then you may send a notice well in advance. If you start challenging your employer, they may terminate you on some flimsy ground and refuse to provide a service cum employment certificate. Even if such a certificate is given with remarks like "contract not continued due to poor performance," then what purpose will it serve?

Your employer has the audacity to make an 11-hour working day. This only goes to show that he is ready to disregard the labor laws at his whim. Under such circumstances, I recommend an amicable separation rather than a belligerent one.

Ok...

Dinesh V Divekar

Hi Mr. Rupesh,

I would like to suggest that you first contact your HR department regarding your confirmation status if you have completed the 6-month probation period. As already very correctly suggested by our senior Dinesh, if you are to resign, let the tenure for you in the company end on an amicable note where the notice is sent across to your company well in advance.

Dear Mr. Rupesh,

There are certain obligations to uphold the employee contract as it is bound to an employer and an employee. Although bonds, agreements, and contracts are uncertain and are deemed to be illegal in India. Please understand breach of contract can occur if only one party violates or terminates. There ain't any hard and fast rule that you may not provide notice. Your contract may state you can terminate your employment contract by giving your employer two weeks' notice, allowing them ample time to find someone to replace you.

Breaking your employment contract legally can be done if unauthorized changes are made to the original contract. You must be absolutely certain that the original contract does not allow for unauthorized changes to be made to consider those changes a breach of contract. For instance, altered timings are one such change to consider. Nevertheless, serving the notice period is the best way even if you fall within the stipulated period under the contract, as this keeps you comprehensible and avoids any quandary in obtaining your experience certificate from the employer.

Dear Rupesh,

Your organization is not following the rules because, as per law, employers cannot change the terms and conditions of employment unless their employees agree to it. Also, read below the grounds on which the contract can be terminated.

Termination of contract without notice

Both the employer and employee may terminate a contract of service without waiting for the required notice period to expire by paying the other party a sum equal to the salary that would have been earned by the employee during the required period of notice.

An employee may terminate an employment relationship without giving notice to the other party if:

- The employer fails to pay his/her salary within seven days after the salary is due; or
- He/she is called upon to do work that is not within the terms of the contract of service.

As per the law, you can quit, but as Mr. Dinesh mentioned, they may hold back your employment certificate, so assess the situation and handle it with care. However, definitely leave this place as they are exploiting you. Start looking for a new job immediately.

Regards,

Anita