can company force employee to serve the full notice period
Anuj Garg
(Querist) 01 April 2012
This query is : Resolved
Dear Experts,
I need your opinion based on laws exists in India. Can company force an employee to serve the full notice period even he is willing to pay the short fall of notice period?
As per company, required notice period is 3 months but an employee wants to give notice for 45 days and ready to pay the balance short falls. If company deny to accept it and ask to serve full notice period, what are the options available to to an employee?
Can employee leave the company after giving notice of 45 days and later can he demand the reliving letter from company and if they dont provide the reliving letter, what should be the next cource of action available to him?
Everybody knows that its very hard to implement legal actions, so how much time will it take if someone needs to take action against company?
It would be appreciable if you can quote some court decisions or law sections showing some favour to en empleyee.
Regards
Guest
(Expert) 01 April 2012
If there is no provision of buying out of period short of the fixed notice period, you cannot do that without the express consent of the management.
In fact such provisions are required to be taken note of at the the time of entry in to service. But evidently, most of the candidates ignore all such derogatory provisions of offer-cum-appointment letter just to grab the job, which harm their interest at some later stage.
ajay sethi
(Expert) 01 April 2012
if as per terms of appointment letter you are required to give 3 months notice then you are bound to serve the notice period .
if employee is not given relieving letter inspite of service of full notice period he can move court for direction that company be directed to give relieving letter
Anuj Garg
(Querist) 02 April 2012
Thanks for the reply.
But as per the offer letter, services can be terminated by giving the 3 months notice and short fall can be paid but company reserves the right not to accept salary/payment in lieu of notice period.
Does this term means that an employee is bound to serve full the notice period if company does not accept the payment for short fall of notice and employee can not ask for relieving letter without completing full notice period?
If we see the offer letter of any company, this condition always esxist and we have to sign it with no choice. Don't we have any provision in law for such kind clause which ultimately goinf to affect employee only?
V R SHROFF
(Expert) 02 April 2012
Reason being, suddenly you stop working, or leave the job, Company Work suffer, and the damages can be 100 times more than your salary, as the chain is broken, and you are a part of a long chain,
Business suffer a lot.
So if you request, and if company can arrange to manage without you, they, at their discretion relieve you, otherwise you are bound to work for entire period of 3 months.
It is justified demand of a Company.
ajay sethi
(Expert) 02 April 2012
as per your appointment letter it is at the discretion of the company to accept or not to accept pyamnt in lieu of notice period .
you will have to serve the notice period if company declines to accept payment in lieu of notice period
