Resignation and relieving - appointment letter clause

Hi Team,

I need help regarding my relieving in the present company. I joined the company 3 months ago, but I didn't like the rules and regulations, and I want to pursue a better offer in a well-listed company. However, the present company's HR is not relieving me and insists that I need to serve a 2-month notice period.

In the offer letter, it states:

Appointment letter clause: After confirmation, the company shall be entitled to terminate your employment by giving you one month's notice.

You shall be entitled to terminate the contract of employment by giving a notice period of 3 months.

Despite this, they are now stating that I must stay for a minimum of 3 months. Unfortunately, my new offer will expire in one month.

Their email response was: "If we accept your resignation, we will relieve you only as per the terms of the appointment letter."

Please assist me with the above issue.

Krushna
Email: krushnapol@gmail.com
Location: Pune, India
Tags: appointment letter, listed company, resignation and relieving issue, offer letter, contract of employment, City-India-Pune, Country-India

Understanding the Situation

It seems there is a discrepancy between the notice periods mentioned in your appointment letter and what the HR is communicating to you verbally. In such cases, it's essential to refer to the legally binding document, which is the appointment letter, for clarity and to understand your rights and obligations.

Resolving the Issue

Here's a practical step-by-step guide to address this situation:

1. [icon name="search"] Review Appointment Letter: Carefully review your appointment letter to understand the exact terms and conditions regarding the notice period for termination by both parties.

2. [icon name="calendar-alt"] Notice Period: If the appointment letter clearly states a one-month notice period for the company and a three-month notice period for you, you are entitled to provide a one-month notice to resign.

3. [icon name="handshake"] Communication: Respond to the HR email politely and professionally, referencing the clauses in the appointment letter that specify the notice periods for termination. Request a meeting with HR to discuss the matter in person if needed.

4. [icon name="balance-scale"] Legal Consultation: If the HR continues to insist on a longer notice period against the terms in the appointment letter, consider seeking legal advice to understand your rights and options.

Key Point to Remember

Ensure all communications with HR are documented, and maintain a professional demeanor throughout the process to protect your rights and uphold professional standards.

By following these steps and understanding your rights as per the appointment letter, you can navigate the situation effectively and seek a resolution that aligns with the agreed-upon terms.