• Forced to serve full notice period

I am a New Zealand citizen working in Wipro India. Currently I am in India from last 2 years working for Wipro India. Due to some personal reason, I need to stay here and I decided to work here. My previous company did not allow me to work remotely so I have to leave. During this period not to sit empty. I joined Wipro. In mid Dec I resigned from my position. They are forcing me to serve full notice period which is 90 days. I have already told I am willing to pay the notice period amount. But the manager is adamant about it. They are saying notice period is non negotiable & you don't have rights to do so. I going to New Zealand. Due to covid travel restriction I could not home early. I told them I can work till mid Jan. I am not allowed to work on Indian payroll once I reach home. Still I accepted to give KT to other for smoother transition.

I talked to my manager to release me early but he is not listening to anything.

"Wipro reserves the right to pay or recover salary in lieu of notice period. Further, Wipro may at its discretion relieve you from such date as it may deem fit even prior to the expiry of the notice period. However, if the management desires the employee to continue the employment during the notice period, the employee shall do so."

I got a job at Google in New Zealand and I don't want to miss that opportunity. I am not sure about background verification. Prior to this Wipro job all went well. Never had an issue with any manager in New Zealand.

Can they stop my reliving letter & experience letter? does it will have an impact on my next employment.

Could any one guide me?
Asked 5 months ago in Labour

12 answers received from multiple lawyers

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12 Answers

It is at discretion of management to waive notice period 

 

2) company can accept salary in lieu of notice period 

 

3) if you leave without serving notice period company would not give you experience certificate and relieving letter 

 

4) it would have impact on your future career prospects as your new employer may insist on relieving letter from previous employer 

 

5) seek extension of time for joining new employment 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

- 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, 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.

- Hence, if you don't want to serve the said notice  period of 90 days , then pay the same .

- You can send a notice to the employer with the said amount , and don't worry for the threatening. 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

Firstly you should tender your resignation in writing besides sending the same by email.

In the notice period you clearly mention the period that you would be able to serve and to compensate with the basic  salary to the number days towards  the balance of notice period and request for relieving letter and experience letter and settlement of your F&F on the last date of your work with the organisation.

You can address this resignation notice to the top management of the organisation and not the Manager  and make sure you get an acknowledgment to this communication, if they refuse to give an acknowledgment you can send the letter by registered post with an acknowledgment card attached to the letter.

If they still refuse to oblige with the request made, you can resort to legal action b y first serving them a legal notice demanding your requirements as mentioned in the resignation letter and then approach the court under the provisions of labor law.

the rules or regulations of the Wipro cannot contradict the law of the land to suit their taste or their convenience. 

You cannot be forced or compelled to serve the full notice period especially if you have expressed your willingness to compensate for the remaining or un served notice period

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

No they can't. If they then you can send them legal notice

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

The clause you have reproduced in your question clearly states you have to serve the notice period if required by your employer. Generally, an employer accepts the notice period pay and relieves the employee whenever he/she wishes. In your case, the agreement is prejudicial. But, considering the background check to be done by your next employer, it is better to comply with the requirement. Meanwhile, you may seek more time to join your new employer, explaining your current employment obligations convincingly.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

As per your contract, you have to serve the notice period but in case you do not serve the entire notice period the penalty would also be mentioned there as the company cannot force you to work for them against your wishes in contravention of section 27 of the Indian contract Act which states that any agreement in restraint of trade of profession is void and cannot be enforced.

Generally, you are just supposed to pay the salary in lieu of the notice period. If they create any hindrance in giving your experience certificate or relieving letter, you can send a legal notice to them and then  can file a suit for declaration in civil Court to get the aforementioned documents. 

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

Company can terminate your services instead of accepting your resignation letter 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

- If you have not served the notice period then they can claim the amount for the said period .

- Further, as you have resigned then question of termination not arise. 

- Further the said company cannot force you to continue the job after rejecting your resignation . 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

They may not do so, but you may be relieved only after expiry of the notice period.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

yes they can issue a termination letter if they don't accept your resignation. Before that issue a legal notice through lawyer to them

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

If they don't accept your resignation then they may terminate your service for absconding from the service, however you can keep the copy of the resignation letter secured in order to defend your future interests in this regard.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Serve a legal notice that you want to buy out your notice period.

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

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