• Employer forcing to serve notice period to get salary and service documents

Hello,

I work as a Senior Software Engineer in an MNC at Pune. I have resigned from company in 17 days under probation. My employer has stopped my first month's salary. I am being forced to serve 90 days' notice period to get salary and Experience/Relieving documents. I am ready to bear notice pay amount against the notice period as promised in the offer letter. But company is rejecting any request.

Isn't this a case of forced Labour ? How is this legal under Indian Constitution? How severely can the company be punished ? Isn't this against the human rights?

Thanks.
Asked 4 years ago in Labour

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11 Answers

You have full rights after paying basic pay of notice period. 

Instead of fighting with them you can go by another way that on medical ground you are not fight and further you are unable to perform ADL.

 

ADL=Activity of Daily Living.

 

So doctor has ask you to take bed rest and for next 6 months to 1 year.

 

If you want to go legally than as per Indian Constitution company can't force you to work forcefully. Article 21 - Right to Life.


plus you're on probation period than no need to worry about it you can quit company. If you don't want experience certificate and 17 days pay.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Issue a legal notice to your company to issue relieving letter and clear all dues after deducting equivalent pay for unserved  notice period, for you are not in a position to serve your company, failing which you shall be compelled to take appropriate legal action against the company holding you (the employer) responsible jointly and severally at his cost and risk 

Further note that pending relieving letter also you can freely join other job. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

company cannot force an employee to serve notice period, if the terms of employment clearly mention "pay in lieu of notice. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See as per your agreement with company there must be a condition that company has right to accept or reject pay in lieu of the notice period. The employment shall be guided by same it is not forced labor these reasonable restrictions are allowed. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is necessary to peruse terms of your appointment letter 

 

2) you have to serve notice period mentioned in your appointment letter 

 

3) it is at discretion of company to waive the notice period 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Hi

Your T&C needs to be looked into, before answering your query.

In case, during the probation either party decides to call it quits, the terms need to be complied, check the said clause.

If the management is going against the T &C, you can issue notice to the company followed by initiating Civil & Criminal proceedings 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can file complaint to office of day labour commissioner

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Yes it is a case of forced labour.

You can leave co. By serving them a notice for immediate relieving also mention about payment of the notice default amount.

And join another company if they serve any notice then you will be liable only for paying the amount which is due for notice period.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

None can be forced to to work agasint his/her wish. you can leave forthwith, company can`t do anything and can approach labor court for compensation and settlement of F&F.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. Did you agree to the terms of your offer letter regarding serving the notice period?

2. If yes then, you are bound by it;

3. If no then you can leave immediately;

4. Best solution is to negotiate and leave the office;

5. Consult a local lawyer and take steps. 

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You have hardly worked for 17 days in the company and you expect experience certificate for 17 days, will it be of any use?

If the terms of employment offer letter states that you have to serve the said notice period then you are obliged to adhere to the conditions since you have agreed to the conditions and put your signature to this effect, hence yo cannot blame the company to violate your human rights.

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.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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