You cant be forced like that. You can send the legal notice to them and pay them basic salary if you don't want to serve notice period
Notice period of comtract employment
Hello, I am working in an organization as a teacher on a yearly contract ( From June-1 to April- 30). The letter says that I need to serve three months notice period if I leave during the academic year (April -March) and also states that the contract should be renewed upon mutual consent (another sentence says that the contract will not be considered renewed unless it is communicated in writing from the employer) Now I don't want to renew the contract and subsequently in the second week of March I informed the organization that I will not be renewing the contract and residing from the job. The company is saying I should serve the 3 months notice period and during that time I will not get my salary they are forcing the 3 months notice period want to take money from me. Please advise Thanks
Asked 3 years ago in Labour
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13 Answers
There is no salary bifurcation or deductions even they don't give any salary slips
Asked 3 years ago
You may tender your resignation invoking the clauses that are suitable to your situation, i.e., there is no mention about serving three months notice period if the resignation is tendered before the start of the next academic year.
If they don't accept and insist on what they say, you may take it up legally through the labor laws.
As a matter of fact if the employees are serving three months notice period then they have to be paid with the usual salary for the period they worked and besides that your contractual employment gets terminated on the expiration of the current contractual agreement therefore ther is no need for you to even tender resignation if you do not want to renew your contract anymore, instead you can just intimate them by a letter stating that on expiration of your current contract with them, as you do not want to renew the contract anymore, you may request them to issue a formal relieving letter and to settle your dues, if any within 7 working days.
Whether there is any salary bifurcation or deductions in vogue, they cannot hold you beyond the contractual period against your willingness.
You cannot be forced to renew the contract
your contract expires on 30 th April
you don’t have to serve 3 months notice period if you work till April
You cannot be forced to serve the notice period of 3 months
Do as aforesaid
You can send the legal notice and torturing, harrassing etc allegations on them plus you can stop working from today itself.
Because there is nothing like employee - employer relations.
It's just simple contract which will not binding on you still you can read terms and conditions from current contract agreement.
Dear Client,
As per the facts which have been provided, if it has been mentioned in the employment agreement that your contract will end on April 30th then the company cannot force you to work after that period as the agreement will be renewed only upon mutual consent of both the parties.
Hope this clarifies your query and requirement.
Thank you.
They are not forcing me to continue beyond the assignment(contract)period (30th April), but they have withheld my salary and asking me to forfeit three months' salary in lieu of the notice period. If not, they have my original certificates that they won't release. I informed them about my decision to non-renewal of contact on the 17th of March and their claim is that I should have informed them on the first of February - Below is the terms of the letter We would like to availyour services as a Secondary Teacher with effect from 1st June 2021. The terms and conditions of your assignment are as follows: 1. Your assignment for a fixed period commences from 1st June 2021 and ends on 30th April 2022. Unless and until the assignment is renewed in writing (based on mutually accepted scope and terms), the same will automatically end on the above mentioned date and separate notice will not be issued in this behalf. 6. You understand and accept that during the middle of academic year, you will not terminate the assignment and leave the institution without written consent of the competent / designated authority, 7. This assignment may be terminated by the Institution suo-moto by giving a notice period of atleast thirty working days or proportionate assignment amount in lieu thereof without assigning any reason thereof. 8. Letter of resignation should be submitted in the form of hardcopy. Resignation without a required notice period is not acceptable. 9. In case where your request for termination of assignment is accepted during the academic year, it is mandatory that you should give a notice period of atleast ninety working days or payment in lieu of notice. The notice period does not include any vacation / festive holidays / any other leave as applicable.
Asked 3 years ago
Your contract ends on 30 th April
you cannot be forced to work beyond 30 th April
you are not required to give 90 days notice period of contract is ending on 30 th April
No employer can refused to return the original certificates taken at the time of joining of the job. If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
You issue a legal notice to the employer demanding the certificates on resignation or termination of the present contractual agreement, if they still are reluctant and insist on payment of salary then you can take legal action as per law for retrieving the original certificates from them.
All above are redundant grounds illegally taken by them to harass. You can do as stated to you earlier
Dear Client,
As per the facts which have been provided, it has been mentioned in the contract agreement that your assignment will automatically end on 30th April 2022 and it it has to be renewd in writing (based on mutual consent) so they can't force you to work after 30th April 2022.
Hope this clarifies your query and requirement.
Thank you.
- 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 have already served the notice period then they cannot withhold your salary
- Send a legal notice for getting your salary as per the terms of the contract.
