• Harassment while serving notice period

Hi Team,

I am currently serving notice period in my organization (TCS). However, I am being asked to perform out of scope work activities and being pressurized unnecessarily. I am also being warned again and again that you will be in trouble if you do not perform your tasks properly. In the past, I have had some arguments with my supervisor and this seems to be reason that I am being treated unfairly now.
I am also now worried that my organization may not issue an experience/relieving letter to me.
Could you please legal options in this case?
Asked 3 years ago in Labour

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7 Answers

- 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 .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Since, you are already serving the notice period  , then the said organisation cannot refused to give to experience/relieving letter to you. 

- If , not issued , then sent a legal notice for getting the same. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

TCS is reputed organisation 

 

you would be issued experience / relieving letter after service of notice period 

 

do the job as instructed by your supervisor 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

If you have already tendered resignation and are under the notice period, as well as  if your  organization has accepted your resignation, you may have to  inform the top management about the harassment meted out to you.

If you feel that the treatment meted out to you is unjustified  or unreasonable then you may enumerate the events chronologically and make a representation in writing to the top management and seek their intervention to solve the problems and provide you relief. 

If the harassment still continues then you may resort to legal action against the official who is putting you under such troubles.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

If they don't issue you can send them legal notice and then complaint to labour Commissioner or labour court

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Your query is pre mature.

Let the situation arise first.

If it arises then you can send them legal notice for same. Considering the repute of the company unless you failt miserably while serving notice period it would not refuse giving such experience letter.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Simple is to gain good experience letter and should be relieved in a cordial atmosphere so that next appointment be smooth, so I will advise you that to please don't refuse any work given to you whether out of scope or within scope, do one thing go slow when they ask say trying to complete as work is out of scope , very gently talk.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. If you do not wish to perform tasks which are beyond the scope of your work then send an email to the HR stating that you will not do this as this is outside your scope of work.

2. Most likely, however, the employer will delay your full and final settlement if you do not fall in line.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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