Can Companies Force Employees to Serve Notice Period?


Can Companies Force Employees to Serve Notice Period?

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Even though companies across the world are coming up with people friendly policies, there is always a small section of employees who like to take   advantage of the same. Often employees leave organizations without serving notice in the lure of better chances elsewhere. But this is only a short term advantage. Barring some countries, most good organizations require a ”service or relieving certificate” as proof of employment.

The signed and   stamped ” Letter of Appointment” between and employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical   organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.

The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.

You can leave the job by either giving notice or payment in lieu of notice.The Company’s policies and procedures are the supplementary aspects. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is company’s discretion to accept the notice or not is against the provisions of constitution of India. Hence company cannot threaten you by showing this clause. The Company cannot force you to serve the entire notice period.

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  1. Yes please answer to Rashmi’s question. Its trending to kick force employee give resignation. Infact big companies are witnessed doing these when microscopic view. They tell a different tale.
    Is there any law for this which supports employee.

  2. I totally agree with this all compulsion are for employees nothing for employer. Why Does he not mentions the salary date in it and dose he not pay salary after notice period and when we approach labor court then also we are left helpless. As their many cases pending over these things. Their is no case pending on employees, all are on employers.
    Please make such an appointment letter which make employee and employer as bonded, but not a single person. Then it gives justice to both. Here employee gets all compulsions and restrictions and employer are free birds, can do anyway kind of injustice. If you want to tell then their should be a word of justice to bth parties.
    As Appointment letter is an agreement between Service Provider and Service Receiver.
    If I had said something wrong please pardon me.

  3. Greet information delivered by you . Some company doing the same thing because the folks does not have requited information .Thanks a lot for your valuable information

    • Can you please advice , What need to do if Employer asking employee to put resignation as there is no work volume , I have been hired in XXXX organization as Sr. Network Engineer , that time there requirement was for 11 Engineers , Luckily I got offer , so I left my current job and City(Pune) , relocated in new city(Chennai) , after 8 months my Employer asking including me 4 Engineers to put resignation because there is no work load , my Family totally dependent on me , I am the only one earning in my family , without job how i can stay in new city ?

  4. If an employee wants to give notice period and company doesnt want to pay for another month forces the employee not to come from the next day of resignation. Is this legal?

  5. We should have a law that company should have a notice clause for a month not more then it OR rather have 2 more months for VPs or heads. Middle man or a fresher is being suffered.
    it is difficult to serve 2 or 3 months of notice period for a entry or middle level employees

  6. What if company change the Notice period at the time of Increment. What notice period employee should follow. At the time of Joining / After new Policy.

  7. hI,


  8. Please also suggest on Bond obligations that signed between employee & employer? Is it obligatory to complete the bond period? Please also suggest a way to come out of the bond.

  9. When the notice period is mentioned in the appointment order, is it correct for the employer to dismiss the employee suddenly (after disciplinary proceedings) without paying the notice period salary or allowing to work for the notice period?

  10. company terminate me on june 1st and they are not giving me salary and from joining expenses . after 2 month when i call them they are saying they didn’thave funds to give me my balance amount and they saying what action you have to take you can go to legal.
    pl answer me what can i do.

  11. Dear Sir/Madam,

    I have resigned from one and was terminated from another company for no fault of mine. Both the companies have not given settlement. They have not bothered to even respond to my reminders. Request you to kindly guide me to get my settlement from both the companies.

    Thanks & regards
    Zahid Ahmed

  12. @ Ms. Rashmi, & Ms. Dolly,

    Legally, an employer cannot force any employee to resign. But, if legal recourse has to be adopted by the employee, it all depends on how and with what proof at hand the employee is going to prove during the court trial that the employer compelled him or her to submit the resignation? So, gather some solid proof before going to the court of law to avoid failure in the case.

  13. what should i do if my employer is not paying me my salary for the days i worked their. i had to quit this organisation coz the level of torture and ill behaving was crossing my level of peace. i had to face a mental pressure due to which my health started dipping and i decided to quit after that my employer refused to pay me and blocked me.

  14. Can the employer hold any employee and force to serve notice Period ,even though replacement is ready to join in my place and I’m also ready to pay for buyout.
    since client of employer didn’t agree and not decided yet to hire someone on my place or not required any resource at all.. please help I’m facing lot of issues and not getting released due to this my company HR and senior manager initially agreed for buyout of 1 month now at end moment client not agreed so creating problem and not letting me released.Thanks

  15. I resigned at my will, the official notice period was 3 months, after 2 months my employer forcefully gives me early relive and forcefully imposed buy out in their Full and Final Settlement. I didn’t apply for the buyout. Is this legal? If not, how can I fight it? They have put my Relieving letter on hold and will release it once they get the settlement amount from me.

  16. if some one ill and want to resign with immediate effect , is employer can ask him to pay for notice period before leaving

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