No he can't force you. You can resign but need to pay for the notice period not served through your basic salary
Can employer force me to serve notice period
I submitted my resignation on August 5, 2021. Officially as per HRMS, my LWD is November 3, 2021. My offer letter states following conditions. I requested my organization for a relieveing on Sept 17, 2021 and also mentioned that i will buy my notice period, in the email. Still got a reply that I will be relieved only when they issue an offer letter to my replacement, not before that. They couldn't find a replacement in last 1 month, and If this continues, I may loose my opportunity. Seeking support and guidance on the way forward and how can i force them to relieve me and share my relieving letter. 11. Termination a) It is understood and agreed that this engagement may be terminated anytime, by either party by giving tothe other at any time, notice in writing for the period based on your Grade at the time of termination, as notice period defined below: L2 Grade & above: 3 (three) months The termination shall take effect at the end of such notice period. Termination with immediate effect, may be made by the company by paying you an amount equivalent to Gross Salary in lieu of notice mentioned above. b) If you resign from the services of the company, the company may choose to, in its sole discretion, to relieve you immediately or on any date within your notice period or may require you to serve the notice period either in full or in part, with or without any pay in lieu of notice. c) You understand and acknowledge that your notice period could be changed at any time during the course of your employment on account of change in your role/level/designation etc. d) At the sole discretion of the Company your services are liable to be terminated without any notice or salary in lieu thereof in the event of any breach of the terms and conditions of this letter and the annexure thereto, including refusal of Transfer or nonfeasance or acts against the interest of the company or you being involved in violation of any of the Company’s Rules, Policies, Service Regulations, Code of Conduct, or any offence which may or may not be directly connected with the business of the Company and for such act the Company shall not be held liable under any circumstances and provision. The Company shall also be entitled to terminate your services with immediate effect in the event any of your actions/inactions including through the digital platform bringing bad name and/or disrepute to the Company.
Asked 4 years ago in Labour
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6 Answers
The offer letter is totally one sided. You have many legal options. You can file case in civil court. But Court proceeding takes time. You will get Court order it will not be less than one year. Talk to employer in friendly manner and take experience letter and credentials. Let them take salary, money is not a great problem but you need experience letter in the market. You can have better jobs and higher salary if you have proper documents. Don’t spoil your name in market by issuing any lawyer's notice.
- 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.
- Except, recovery of the said amount, company cannot harm you for the same
- 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, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, the said employer cannot force you to work for the notice period , except the recovery of the amount of notice period mentioned in the offer letter.
You are required to serve 3 months notice period
you can offer to pay salary in lieu of notice period but it is at discretion of company to accept the same
The terms and conditions are general in nature, hence do not take it very seriously.
The employer has no rights to stop you from quitting the company especially when you have tendered your resignation properly with a clause stating that you are willing to compensate the un served notice period by paying the basic salary to that number of days remain unexpired.
You can leave the office on the date by which you had intended to leave which was already intimated to the employer vide your original resignation letter.
If he is still objecting and refusing to relieve you, then you an take proper legal action as per law by first issuing a legal notice demanding your settlement, relieving letter and experience letter etc.
Dear Sir / Ma'am,
The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.
You can leave the job by either giving notice or payment in lieu of notice. Try contacting your employer and inform them about your situation. If it does not work you can issue a legal notice to your employer.
Thank You.
