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I have resigned from my company 25 June 2018, giving 4 weeks notice. I started employment on 1 July 2017. My initial contract states I have to give 2 months notice after a 1 year service. I resigned before a year service. I signed an addendum to contract in May which increases my salary, 42 working hours per day and 20 annual leave and 2 months notice and states that all other conditions of employment as stipulated in initial contract remains same.

I never received the 20 annual leave I only have 14 days annual leave. The company acknowledge my resignation 9 July 2018. On 10 July they sent me an e-mail saying I should work two months notice and if I don't they'll take legal action and deductions shall be made from salary.

Is this all legal and fair?

Addendum effective from 1 March 2018, was signed 5 May. It also states if i should not raise any questions within 2 months time frame I'm in agreement with contents of document.

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    "42 working hours per day" no. Seriously, no.
    – TomTom
    Commented Jul 13, 2018 at 14:34
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    This is not a question we can answer here. You need to have a lawyer look at this.
    – David K
    Commented Jul 13, 2018 at 14:35
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    What jurisdiction are you in? Commented Jul 13, 2018 at 14:39
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    IANAL but, It seems pretty straight forward. Your contract says 2 months, if you don't adhere to contract that you signed, it seems pretty logical that they could sue you for it. If no one was legally bound to do anything in their contract, what would be the point of having one? Commented Jul 13, 2018 at 14:46
  • @SaggingRufus: That is not "what the contract says", it is not clear cut. OP is asking how the "1 year service" is defined, as technically they resigned and gave notice before the 1 year, but the company did not respond until after the 1 year. I think the OP's company has made a mistake in processing - perhaps an honest mistake, perhaps deliberate - but whether that is the case depends on jurisdiction and probably needs an actual lawyer. Commented Jul 13, 2018 at 15:19

2 Answers 2

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I started employment on 1 July 2017...

My initial contract states I have to give 2 months notice after a 1 year service

I signed an addendum to contract in May which increases my salary, 42 working hours per week and 20 annual leave and 2 months notice

Your notice period was extended regardless of months of service. The addendum supersedes the clause in the original contract. the You should give 2 months notice.

However:

I never received the 20 annual leave I only have 14 days annual leave

You should push to get the full 20 days of leave so you get paid for any unused days at the end. This is the company being lazy here or a slow-moving HR department (which wouldn't be uncommon), and they can't have it both ways. Check with HR that the full 20 days have been given to you as per your addendum.

As Neil Slater says, unless the addendum stipulates an effective start date, it should be considered active.

Also your company does not accept your resignation, they acknowledge it.

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    Depends whether addendum has a start date. It may have been signed in May to take effect from 1 July 2018 for instance. Commented Jul 13, 2018 at 15:23
  • @NeilSlater Very good point.
    – rath
    Commented Jul 13, 2018 at 15:24
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If you have 20 days annual leave and haven't used them, then just correct your mistake, but say that the last month you will be on holiday.

A company cannot, generally, withold payment for work done, they can only sue you for damages. However, you would need to take them to court to recover any withheld payment, but this - possibly even in !ndia - probably wouldn't be too difficult a case to win.

I'm generally not aware of notice periods being enforceable - normally the recourse is to sue for damages. Depending on your seniority this could vary, but one wonders about the point in winning a case to pay someone to be somewhere they don't want to be.

Even if someone does win a case, I'm not aware of any law compelling someone to turn up to work - of course, they won't be paid in this case.

This just sounds like something you should sit down and talk about with your current company. I'm sure you can both work out some sane solution to this issue.

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    The suggestion to take leave during the notice period may not be possible, because many companies explicitly ban that practice in their employee contracts.
    – David K
    Commented Jul 13, 2018 at 15:50

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