• Can employer force me to serve notice period

My contract says:

"Either the Company or you may at any time terminate this agreement by giving in writing to the other party three (03) months’ notice. In this connection, the Company reserves the right to pay or recover a sum equal to the amount of salary in lieu of said notice period. Notwithstanding anything to the contrary herein, the Company at its sole discretion may relieve you from such date as it may deem fit even prior to expiry of the aforesaid notice period. However, if management of the Company desires the employees to continue the employment during the said notice period, the employee shall comply with the same"

I wish to leave the company in a month's time. I have informed them a month prior and told them that I am ready to cooperate with all the knowledge transfer required and also ready to pay the amount that I am supposed to. However they refuse to do so saying that I need to complete the whole tenure. Due to personal issues, I shall not be able to comply with the norm. Kindly advice.
Asked 9 months ago in Business Law from Mumbai, Maharashtra
1)once you have accepted the appointment letter its terms are binding upon you 

2) you are required to give 3 months time if you want to leave the organisation 

3) it is at company discretion to accept shortfall in notice period 

4) if company refuses to accept salary in lieu of notice period you have to serve for 3 months 

Ajay Sethi
Advocate, Mumbai
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what is the personal issue ? 

write to MD of the company informing  him  of your personal problem  and request  an early relieving letter. offer to pay for shortfall in notice period 
Ajay Sethi
Advocate, Mumbai
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The company has, in accordance with the contract, the right to relieve you before the expiry of the notice period by accepting the salary equivalent to the remaining notice period. It may exercise its discretion either way. You cannot claim it as a matter of right. The company can sue you for breach of contract if it decides to not to relieve you earlier.
Ashish Davessar
Advocate, Jaipur
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Company will not give you  the relieving letter 

It is doubtful tha company will file any case against you for failure to serve 2 months notice as litigation expenses would be far higher
Ajay Sethi
Advocate, Mumbai
23318 Answers
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As I said, you may be sued through a lawsuit to claim compensation in addition to the salary of notice period on account of breach of contract.
Ashish Davessar
Advocate, Jaipur
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According to worksman compensation act an employee can leave his job after giving are month notice. Employer has no right to stop payment and reserve right to pay or stop payment. you should file a case before labour tribunal if company hold your salary of notice period. However company can make agreement on its own terms but these terms cannot stands against statutory law otherwise it shall be void under section 23 contract act . 
Shivendra Pratap Singh
Advocate, Lucknow
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I wish to leave the company in a month's time. I have informed them a month prior and told them that I am ready to cooperate with all the knowledge transfer required and also ready to pay the amount that I am supposed to. However they refuse to do so saying that I need to complete the whole tenure. Due to personal issues, I shall not be able to comply with the norm.
You may tender your resignation letter sent by registered post with AD and in that mentin the notice period and make it clear about the period likely to serve the period of notice by so many days and  willingness to pay the due compensation for the remaining notice period. 
Let the employer give his reply either acknowledging and permitting you to do so or rejecting your proposal, you may pursue legal course of action accordingly.  
T Kalaiselvan
Advocate, Vellore
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But due to some serious personal issue, I will not be able to serve the complete notice period. Isn't there anyway that I may be able to get relieved earlier?
You may serve the notice period to the extent you have agreed to serve in the resignation letter and can indicate that you are ready to compensate monetarily for the remaining period as per the terms of employment. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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Then what are the consequences that I might have to face if I don't complete the notice period term? I am getting married and will not be able to serve for more than a month. 
I am ready to help in the knowledge transfer and am ready to monetarily clear my dues as well. Please guide me accordingly.
The consequences if company is not acceding to your request that they will declare you as deserter and may terminate your services, may not issue relieving letter and experience certificate, may not suggest good opinion about you to the new employer who may seek a confidential report about you. 
However you may initiate proper legal action by first sending a legal notice to sort out the issues and then further legal action as per law, if the above situation prevails.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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