Hi. I am working for an organisation with 90 day notice period. I have served 45 days and I am willing to pay for remaining period of notice. Am i bonded labour? Is it at the sole discretion of company? Policy reads as: " Employee's requests for early relieving or by payment of salary in lieu of notice will be reviewed based on specific conditions and the approval is at the sole discretion of the relevant Business Head and Human Resources. " (My next job is at stake, i am mentally very disturbed. Kindly help)
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Inform the employer that you are unable to serve the 90 days notice period
2) that you are enclosing cheque for shortfall in notice period
3) if company refuses better serve the balance notice period otherwise employer may not give you reliving letter ,settle your dues
4) you are not bonded labour
Thanks for the answer. Regarding Point 3, how can my company refuse me relieving / experience letter when i actually worked in the organisation? Can i fight legally for it if refused?
Kindly check with new company where you are going to join, whether they truly need your experience letter and relieving letter from your current company which you have serving notice period.
If new company HR says no need of experience letter and relieving letter than no need to worry about it.
you can buy notice period, which is clearly mention in your agreement "lieu of notice".
The objective being to harass you company may refuse to give you relieving letter
you can take legal proceedings against company if they refuse to give you relieving letter
In India, the notice period buyout laws are determined by the Indian Contract Act, 1872, the Shops and Establishment Act of the state where the company is located and the company’s internal policies.
many companies in India have their internal policies that govern the notice period buyout process. These policies may include specific procedures for buying out the notice period, as well as guidelines on how much the buyout will cost.
It’s important to note that the laws and regulations regarding notice period buyouts in India can be complex and vary depending on the state, company and the role of the employee. It’s best to check with the company’s HR department.
As per the clause you may not be able to buy out the notice period.
However you send the communication containing your decision to resign the job by registered post and make your intentions clear to buyout the notice period
Let the company give a reply refusing to accept your request after which you can plan suitable legal action on this.
- 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.
- Hence, if you have already tendered your resignation , and served 45 days out of 90 days, then pay the same , and then you are free to joint another organisation without any mental tension.
- You can send that amount with a notice with the request to issue reliving letter
You can buy the notice period by paying basic salary
Dear client,
Regarding your question about whether your company can refuse to provide you with a relieving or experience letter, it is important to note that it is generally the company's discretion whether to provide such letters or not. However, if you have fulfilled your contractual obligations and have not violated any terms of your employment agreement, then you have the right to request these letters.
If your company refuses to provide you with a relieving or experience letter without any valid reason, you may have legal options available to you. You can consult with a labor lawyer to understand the specific legal options available to you and to evaluate the viability of pursuing a legal case against your employer.
It is also important to note that if you have a good relationship with your employer, you can try to negotiate with them to provide you with these letters. You can explain to them the importance of these letters for your future employment opportunities and request that they provide you with the letters as per your
This is unconscionable agreement, Court will not enforce it against employee. You have every right to approach a Court but Court proceeding take time, by the time you get a order in you favour it my be a year or more. Better to settle the matter amicably and get out to it. A court case can also spoil your name in the market. This not justice with you but it is a reality.
