Notice period
Querist :
Anonymous
(Querist) 24 August 2011
This query is : Resolved
Dear Sir,
I am an employee in an MNC for about four years. Due to some personal reason I resigned. As per my appointment letter i am suppose to server 2 months notice period. I am ready to server 1.5 months of notice period and ready to pay for 15 days of shortfall. But the company is not ready to accept the payment and wants me to come to office for 2 months. I have informed them that due to personal reason i would not be able to come post 1.5 months of notice period, and i am ready to pay for the remaining days. I do not have any project assigned to me as well, so no dependency on me. I want to know from you that is this valid on the company's part to force me to come to work?
prabhakar singh
(Expert) 24 August 2011
Its a civil matter,so no force can be applied by any party to perform a contract,but breach of a contract is an actionable thing resulting into damages either agreed in the contract itself or as laid down in Indian Contract Act.
Hence all is subject to terms reduced in writing between you and co.
Sankaranarayanan
(Expert) 24 August 2011
did u sign any contract or agreement,
if ur reason is purely unavoidable or personal reason then u approach the concerned head of department and explain
if u r not singed any agreement or contract then no need to intimate, just u send the resignation letter , if they refuse to accept then u send by RPAD
ajay sethi
(Expert) 24 August 2011
i agree with the experts . your appointment letter provides interalia that you are required to give 2 months notice . since ythe company is refusing to accept 15 days shortfall and not amenable to reason it is better you serve balance 15 days also .
it is in your interest that when you leave an organisation you do on cordial terms
Advocate. Arunagiri
(Expert) 24 August 2011
No company can force you to work. They can seek compensation for breach of contract.
If the appointment order allows you to buy the notice period, you can buy it. If there is no such provision, you have to face the civil case if any, initiated by the employer.
M/s. Y-not legal services
(Expert) 25 August 2011
company can not force you to come back to office.. if they find any defect from your side mean they have to proceed accordance with law.. or terms and conditions of your appointment letter.. nothing more can do..
