- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to return the original certificates or to issue relieving letter , and to refund the full and final payment to the employee .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Since, she has already serve the notice period and tendered her resignation before the Covid-19 , then the said company is bond to refund her full and final settlement amount , and there is no law even to withhold the amount of an employee on the ground of lockdown etc.
- Your wife should send a legal notice to the said company , and thereby ask for the F & F amount within 7 days of time,. and if no response then file a petition before the court.