• Forced to serve notice period

I joined an indian service oriented mnc giant on 10th jan 2023 and quit on 2nd may 2023 due to excessive work pressure that started impacting my health and mental health.Have been having thoughts of self harm multiple times in this period.Now after resigning also they r putting work load on me and saying as per contract there is no way i can escape 90 days notice period.I even told them that i am in probationary period so cant it be done earlier, secondly i said i dont want to 6 any compensation ,pf or experience letter all i want is to get relieved from here.I gave them teh reason of higher education while putting in my resignation but told them that its work stress thats puahed me to pursue higher education.What can be done in order to not serve notice period..if i abscond will they put a case on me..if yes what is the max compensation that they cna demand from in court...please help..this is adversely affecting my mental health n leading me to suicidal thoughts.
Asked 1 year ago in Labour

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18 Answers

It is correct that if there is notice period clause then either you have to serve prescribed notice period and if there is clause of payment of compensation in lieu of notice period then pay the compensation and get relieved. Being in job you cannot refuse. 

Siddharth Srivastava
Advocate, Delhi
1249 Answers

5.0 on 5.0

It is at discretion of management to waive the notice period 

 

offer to pay 3 months salary in lieu of notice period 

 

3) if you are willing to pay 3 months salary u doubtful company would sue you 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 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, if an employee leaves the job during the probation period, then it not harm his career, and generally many company stipulates in contract, that during probation period either party can terminate the job with or without any notices.

- Hence, notice period is legally not applied in your case 

Mohammed Shahzad
Advocate, Delhi
13355 Answers
199 Consultations

5.0 on 5.0

This depends on the termination clause mentioned in your employment agreement. if your agreement has a clause which provides for the amount recoverable by the company in the event of failure to serve the notice period, the company cannot take a legal action and the compensation amount cannot exceed the amount specified in the agreement.

Priyanka Singla
Advocate, Ludhiana
12 Answers

Not rated

This refers to the total monthly salary given to you as per your offer letter.

Priyanka Singla
Advocate, Ludhiana
12 Answers

Not rated

No. They can compel you to serve the notice period since the clauses states that the company has discretion to decide.

Priyanka Singla
Advocate, Ludhiana
12 Answers

Not rated

It is in your interest to servethe notice period of company refuses to accept salary in lieu of notice period 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 Consultations

5.0 on 5.0

The payment of the salary and deduction of salary toward the notice pay is solely governed by the terms and conditions of the appointment of the concerned employee and as and when modified by the company from time to time.
Generally there is provision for deducting the gross salary towards the notice period, you may go thru the terms and conditions of appointment and take the further action accordingly

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 Consultations

5.0 on 5.0

Q-1 Obviously total salary but get reconfirmed from HR. 

Q-2 No, they cannot compel you to work. You cannot escape agreement and stated clause. Clause itself refer that by giving salary in lieu of notice period, you can get relieved so just pay the salary of three months and get relieved. 

Siddharth Srivastava
Advocate, Delhi
1249 Answers

5.0 on 5.0

It is completely acceptable for an employee to resign during their probation period for whatever reason, but notice must be given.

The notice period clause would come in the appointment letter where notice period for probation and confirmation clearly mentioned.

Most of the companies don’t have notice period in probation period.

You need to understand probation period in the job is like a trial period which you get for product & service. Probation is period for both employer & employee..

It is very normal for employees to leave during the probation period

Generally a notice period is between two weeks to 1 month and if not mentioned in your employment then you are not required to serve notice period as there are no specific laws on notice period.

The employer cannot sue you if there is no mention about the notice period during probation, provided you confirm that you are still under probation.

If you are a confirmed employee then they may insist on compensation for the notice period that was not served as per the employment offer letter terms and conditions. 

If  there is no sign of payment of the compensation then they may file a recovery suit  only to recover the money and no other legal action can be taken by them.

 

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

Generally the compensation towards notice period will be the gross salary amount and not the net salary that you get in hand. 

The gross salary will include basic pay, DA.

 

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

You can clearly mention in your reply notice that since you are not comfortable to work due to health issues, you are leaving the company on so and so date which is your last working date and that you undertake to pay the compensation to the company for the notice period that was not served. 

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

You can only request the company for early release 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 Consultations

5.0 on 5.0

- The company cannot force you to continue the work against your wishes as I mentioned earlier.

- Further, check the conditions of probation period in the offer letter , as the Probation period not considered as the permanent employment. 

Mohammed Shahzad
Advocate, Delhi
13355 Answers
199 Consultations

5.0 on 5.0

You should send a written notice and attach cheque of salary in lieu of three months notice period and in notice you should specifically stated the terms etc. Consult a competent lawyer and sent suitable notice. 

Siddharth Srivastava
Advocate, Delhi
1249 Answers

5.0 on 5.0

Dear client,  

As per the clause mentioned in your offer letter, you are required to give three months' notice or salary thereof in case you decide to leave the services, subject to the company's discretion. The notice period may be waived off by the company if circumstances make it necessary, or they may relieve you only at the end of the notice period. Similarly, the company can terminate your services by giving three months' notice or salary thereof.

Regarding your query about not serving the notice period, if you do not serve the notice period as required by the contract, the company may take legal action against you for breach of contract. This may include recovering damages or compensation for the losses incurred due to your sudden resignation, which could be up to three months' salary or any amount mentioned in the contract.

However, it is always advisable to discuss your concerns with your employer and seek an amicable solution, such as early release from the notice period, as it may not be in the best interest of both parties to prolong a difficult situation. Additionally, if you are facing mental health issues, you may want to consider seeking professional help and support to deal with the situation.

In any case, it is recommended to consult with a lawyer for a better understanding of your legal options and the potential consequences of any action you take.

 

Anik Miu
Advocate, Bangalore
9008 Answers
110 Consultations

4.7 on 5.0

You do not have to request or beg them to release you.

You can inform them about your last working day and your willingness to pay the compensation towards remaining notice period  as on the date of your last working date and demand your relieving letter, experience letter and F&F settlement accordingly after deducting the compensation towards the remaining notice period as per the terms of employment

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

No they can’t force you you can only be asked to serve notice period or pay for the same if you want to leave early 

Prashant Nayak
Advocate, Mumbai
32067 Answers
183 Consultations

4.1 on 5.0

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