• Early relieving without notice period

Sir,
I have resigned my job on 31st of Aug 2023 and requested early relieving on 05th Sep 2023 as I got a better opportunity with some other company where they want me to join immediately. Here my current employer Pramerica Life insurance not ready to give early relieving and instead they are forcing me to serve 60 full notice period. But if I serve full notice period here, then I will loose the wonderful opportunity. What is the remedy? Can any employer force employee to serve the full notice period? Plz suggest and help me out?

Regards
G Suresh Babu
Asked 2 years ago in Labour

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11 Answers

there must be clause in your appointment letter that employee can pay salary in lieu of notice period but it is at discretion of company to waive the notice period of 60 days

 

2) you should seek extension of time for joining other company as your current employer would not give you relieving letter if you leave without serving notice period 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

No he can’t force he can only ask to pay the basic salary in lieu of notice 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Hello, 

 

Please share the content of the termination/ relieving clause as mentioned in the joining letter or employment agreement.

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter. You can leave the job by either giving notice or payment in lieu of notice.

If the clause in the employment agreement clearly states "Sixty days' written notice or two months' gross salary in lieu thereof". and if you are willing to pay the company should not raise any objections.

You may proceed keeping the targeted date as the last working date and stop working from that date and send a notice to the company in this regard with your willingness to pay the compensation for the remaining notice period that you were not able to serve. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Depends on the terms and conditions contained in your employment agreement.

 

You will have to go through it, and see if you have been given the option to buy out the notice period. In Caes yes, they cannot deny your early release.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Relieve and join new comapny. Employer cannot do anything.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

It is either notice period OR forgoing salary and allowances in lieu of serving the full term (of the notice period), generally. Check your contract terms on this point. If your current employer insists, you have no choice, in the absence of any condition to the contrary. Explain your situation convincingly to your new employer and seek extra time for joining. Plan a safe exit route or otherwise your current employer may create roadblocks by delaying your relieving, besides holding up your relieving and experience certificate.

Swaminathan Neelakantan
Advocate, Coimbatore
3069 Answers
20 Consultations

If there is provision to buy the notice period then pay for the notice period but if there is no such provision to buy the notice period then you are bound to serve the notice period of 60 days. Such clause is valid in law and is enforceable also. It is only discretion of employer to waive the notice period. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

-  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.

- Hence, if you not want to serve the notice period as mentioned in the offer letter , then you can pay the same . 

 

Mohammed Shahzad
Advocate, Delhi
15799 Answers
242 Consultations

Dear Client

In many employment contracts, notice periods are specified, and both the employer and the employee are expected to adhere to them. Here are some key points to consider:

Employment Contract: The terms of your employment contract, including the notice period, are typically legally binding. If your contract specifies a 60-day notice period, your employer has the right to expect you to fulfill that obligation.

Early Relieving: While employers may have the discretion to grant early relieving requests, they are not obligated to do so. It depends on the company's policies and willingness to accommodate your request.

Loss of Opportunity: If you choose not to serve the full notice period and leave your current employer before the notice period is complete, you may be in breach of your employment contract. This could potentially result in legal consequences, such as financial penalties or damage to your professional reputation.

Negotiation: You can try to negotiate with your current employer to see if they are willing to consider a shorter notice period or early relieving. Explain the reasons for your request and how it might be beneficial to both parties. However, they are not obligated to agree to your request.

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

Check if there is a clause of paying for nonservice of the notice period, usually, it will be 60 days in your case, You can pay and leave, and whether you are liable to pay even that can be  ascertained  after going through the appointment letter 

Gaurav Ahuja
Advocate, Faridabad
133 Answers

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