• Can employer force me to serve notice period

The terms of employment agreement says this:-
Your employment with the Company may be terminated by either party by giving ninety (90) days’ written notice or three (3) months’ gross salary in lieu thereof. The Company reserves the right, at its sole discretion, to release you from services of the Company only after satisfactory handover of the responsibilities assigned to you (including any knowledge transfer).

I have got a new job offer based out of my home town. The new organization is willing to wait for 45 days but not more than that. I have asked my management for an early release but they are insisting that I serve full notice period. I am ready to pay or adjust my leaves against the 45 days that I will not serve.

Can the company force me to serve full notice period? Please advice.
Can I abscond from the services and join the new employer?
Asked 2 years ago in Labour from MUMBAI, Maharashtra
 company cannot force to complete the notice period, only it can ask you to pay  as per the clauses to pay for the notice period.
The company cannot hold you and no legal steps they can come up with in terms of compensation.
If you don't want an experience letter and your new employment is secured without it, go ahead and take up the new job
make sure that you tendered your resignation letter with the date applicable.
legally they can forfeit your basic salary /gross salary. At present don't make nay offer to pay them, just hand over the  company assets which are with you.
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

1) There is no way that the company can force you to serve the full notice perirod. The clause in the employment agreement clearly states "ninety days’ written notice or three (3) months’ gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.

2) Put in your resignation serving 45 days notice and be prepared to return all the company properties or assets that are in your case and custody at the end of this period. If the company refuses to accept your resignation in person/writing send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.

3) If the new employer has no problems with your not getting a relieving letter or experience letter you can do the absconding. The company can not act against you in law. The best however is to serve notice to the number of days you can and advise the company the leaves accrued.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

Hi sir/madam, you don't worry. You have to given representation for the relieving immediate in writing. You should handover your responsibility assigned work as early as possible and to get endorsement from the employer. you don't absent or abscond, your absent days not count in the 90 days it will be more trouble to you for acceptance of your resignation letter and issuing a relieving letter. ......NO, company cannot force an employee to serve notice period, if the terms of employment clearly mention "pay in lieu of notice". You can approach appropriate authority to challenge the decision. Please send them a formal letter mentioning employment clauses with respect to notice period, before approaching labour officials. But you have no time ... it is the problem.
C. V. Jadhav
Advocate, Bangalore
319 Answers
13 Consultations

3.9 on 5.0

A. You would better write a mail to the management to get immunity through negotiation from the 3 month mandatory notice period, If no use, you are liable to pay the damages in accordance with the terms and condition of the appointment order or company policy.

B. Where there is rule there is a punishment for the breach of the law, you can breach the contract by paying the damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.

C. Once you agreed by entering into contract that you are liable to compliance the same. However, you can come out by paying the damages as clinched by earlier point which is conferred alternative remedy in the terms and conditions of the appointment order. Thereafter, if your employer intentionally dragging your case to issue relieving letter that you can approach the labour court by issuing lawyer notice to the Management, HR and Reporting Manager.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

A. Generally the resignation should be accepted if the resignation is not responded by employer within 60 days that is the maximum notice period under section 80 of cpc that is given to the govt departments,  but once your resignation submitted that if it is not responded by the employer within 60 days later it would be deemed to have been accepted by employer and employer should settle all dues that way resignation takes effect if the employer does not accept that premise you have a right to move any tribunal/labour court connected with your employment or by moving a writ under art 226 read with art 14.

B. You can send another mail to HR and Reporting manager by saying that " If I unable to get prompt response in respect of my resignation within 15 days from the date of resignation would liable to treat that it has been accepted from the Management" . Thereafter, you need to convince the new company by providing all these documents.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

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