• Can employer force employee to serve full notice period?

Hi,

I have recently resigned from my company (resignation dated 17th July, 2015). Since my prospective employer wants me to join within a month, I have offered to work for a notice period of 1 month, and adjust the remaining by using my accrued PLs and payment if necessary. I have also assured my team of a proper handover of my studies. But my management is forcing me to complete the 2 month notice period, which may result in the prospective employer taking back the offer. I am in a dilemma - whether to abscond or fight it out. Please help.

As per my appointment letter, the following are the terms

"Confirmation and notice period - Provided your services come up to the standards required by the company, your appointment will be confirmed in writing. After confirmation, your appointment will be terminable at any time by two months notice by either party or on payment of two months salary in lieu of notice.
The company reserves the right to:
a) Sanction privilege leave during the notice period
b) Adjust privilege leave balance towards the serving of the notice period.
The decision of the company will be final in this regard."
Asked 1 year ago in Labour from Kolkata, West Bengal
1. It is clearly mentioned in the appointment letter that the notice period from either side can be substituted with two month's salary which you have already offered to pay,

2. You better send another letter enclosing a cheque towards two moths salary in lieu of the balance one month's notice period,

3. The problem is that the company may harass you by not issuing or delaying release order or experience certificate on some pretext or other,

4. It will be prudent on your part to settle the matter amicably with your employer, if possible.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0
-Considering that you are/were confirmed employee of your company and received the same in writing. 
-Need to know your effective date of your resignation.
-Since there are provision of two months notice from either party or on payment of two months salary in lieu of notice, you may request the Management/HR of your Company to accept your resignation and also intimate them that your are ready to deposit two months' salary in lieu of notice.
- You may also request them to sanction/adjust the accrued PLs towards the serving of notice period, if management agrees as this discretion rests with the company.
- The Company can not force you to work for the notice period of two months, when you are ready to pay in lieu of two months' notice period, and this would certainly come under the purview of unfair trade practices and company is answerable.
- It is advised to ask from the management to relive you from the prospective date or on the date mentioned above, when the resignation become effective. 
- In case, the management turned deaf year to your request, you may proceed further as planned and serve a legal notice to the company accordingly.
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0

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