Such clause is invalid in India. No case against you.
No for everything and no legal complications.
Notice period in probation
I joined a giant mnc in pune on 10 jan 2023 and put my resignation on 2 may 2023,I am in probation period, the company is forcing me to serve 90 days notice coZ no special clause for people on probation in the contract. The clause in the contract is,"You will be required to give three months` notice or salary thereof in case you decide to leave our services, subject to the Company`s discretion. Where circumstances make it necessary, the Company will have the discretion to relieve you only at the end of the three months` notice period. Similarly, the Company can terminate your services by giving three months` notice or salary thereof", Now they r forcing me to work, they have also asked to extend my work time or come on weekends..which i have denied, after i put my resignation. 1.can they sue me for denying to work extra to deliver results or can they ask me to pay because i denied to work extra time ? 2.can they extend my notice period because i denied to work extra time. 3.can they extend my notice period coz of loss of pay leave i take for medical reasons 4.can they extend my notice period if i dont deliver software on time. 5.my pay scale is in the 55 to 60k range and am a level 4 tech employee..more like a mid level developer..not even senior. 3.its ok if i dont get any salary, exp letter ,pf or relieving letter as i am not planning to get into this company again..but i dont want any legal complications from the company..like them suing me and me having to keep answering notices or show up in court..also i cant pay them 3 months salary if they ask me to.. I just dont wish to have any court cases on my name. Pls advice.
Asked 11 months ago in Labour
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14 Answers
1. If there's no specific mention about this in the employment offer letter then they cannot force you.
2. Nobody can force you to work beyond the notice period.
3. No.
4. No.
5. You are required to comply with the terms and conditions of the employment offer letter.
You are only required to serve 90 days notice period
2) cannot be forced to extend notice period
3) you can work extra during weekdays no need to come on weekends
- Probationary periods are often applied to new employees as a means of determining their capabilities in a new job.
- Hence, the employer can terminate during the probation, and employee can also leave the job with the terms and conditions mentioned in the appointment letter for probation.
1. No, they cannot harm you legally , and also they cannot force you to work extra and even without giving overtime.
2. No
3. No
4. No, they are bound to comply the terms mentioned in the offer letter
They can’t file any court case in above facts. But if they file any false one then you need to contest it on merits
Its becoming more n more impossible for me to bear this toxic work culture..its affecting me mentally and physically...i really need to get out without serving the notice period...should i just send them a mail that i wont be able to complete the 3 months notice and i am ok to leave without the exp letter,salary and pf..? Also i cant pay 3 months salary and buy out..
Asked 11 months ago
Just blame them of unhygienic work atmosphere and seniors misbehavior and leave instantly.
You will be liable to comply with the terms and conditions of the employment.
Hence act wisely
If you can’t pay 3 months salary serve the notice period
if you leave without serving notice period company would sue you to recover 3 months salary in lieu of notice period
Yes you can send them a mail it’s better you send them a legal notice through lawyer
Q.01
If 90 days notice period is stipulated in service agreement then you are bound to either serve the notice period or pay salary in lieu thereof.
1. Yes. They cannot sue you for denying to work extra.
2. Yes, there is every possibility but if you keep proper correspondences then it could be curtailed.
3. Yes.
4. No but they will not relieve you or can initiate legal proceeding alleging damages etc.
5. It does not matter. Rule is rule. In terms of agreement Pay off the money in lieu of notice period and get relieved.
6. It cannot be escaped. If you fail to comply with notice period clause or donot return company assets with you then company may proceed against you and can take several steps and implicate in several cases.
Q.2
Yes. It is better that correspondence by in writing and should be sent by registered post along with cheque in lieu of notice period.
- Sent a written resignation letter by post with the reason of the same , and if possible then attach a medical prescription with that letter.
The clause, “You will be required to give three months` notice or salary thereof in case you decide to leave our services, subject to the Company`s discretion,” is applicable to you and employer. A clause cannot be used only to the advantage of one party. 1. Employer cannot force you work extra hours. 2. Notice period cannot be extended for denying to work more than schedule. 3. Leave on medical grounds cannot be recovered against notice period. 4. Notice period cannot be extended for no delivering property of employer, but employer can file case of recovery of its properties. 5. Employer rarely goes to Court against employee, but you need to pay for notice period if you don’t want to serve it.
You need to read the Offer letter/letter of appointment properly as offer letter/letter of appointment will give you your answers.
Dear client,
I'm sorry to hear that you're dealing with a difficult situation at work. Here are some general answers to your questions:
If you have resigned and given proper notice, they cannot force you to work extra hours or on weekends. You have fulfilled your obligation by giving notice and it is up to the company to manage the workload during the notice period.
No, they cannot extend your notice period because you denied to work extra time. Your notice period is set by the contract, and if they want you to work longer than that, they will need to pay you for that additional time.
No, they cannot extend your notice period due to loss of pay leave you take for medical reasons. This would be a violation of labor laws.
They can extend your notice period if you don't deliver software on time, but only if this is a clear requirement stated in your contract.
Your pay scale and level within the company do not affect your notice period.
If you are unable or unwilling to serve the full notice period, it is best to communicate this clearly and professionally to your employer. You can send a formal resignation letter stating that you are unable to complete the full notice period, and that you are willing to discuss potential options for resolving this. It is important to be clear and honest in your communication, and to remain professional throughout the process.
If your employer decides to take legal action against you, it is important to seek legal advice and representation. However, it is unlikely that they would pursue legal action if you have communicated clearly and acted in good faith.
