Hello Team,
I there any law that states, an employee has to forcefully complete his notice period as per company policy, even if he/she is ready to compensate for the shortfall of notice period by paying the remaining days, he/she wont be able to serve.
From India, undefined
I there any law that states, an employee has to forcefully complete his notice period as per company policy, even if he/she is ready to compensate for the shortfall of notice period by paying the remaining days, he/she wont be able to serve.
From India, undefined
Dear Ritesh.Kini,
One of the objectives of Law is creating preventive checks in human transactions and putting them in place in tune with the Principles of Natural Justice. If any agreement between two or more people for a lawful purpose is based on a valid offer and an acceptance be it conditional or express or implied it becomes a valid contract.Generally, the workplace or employment relationship between an employer and the employee is an impled contract that can either be verbal or written or can even be both. However, when it is a written contract comprising of certain specific terms and conditions and accepted by both the employer and the employee, it becomes an Expressed Contract.So, there is no necessity of a Law to create an obligation on the part of the employee to serve the entire length of notice period in the event of his resignation which is an unilateral termination of the very contract of employment. But it is so mentioned in the contract of employment without providing for an alternative such as buy-out, the employee has no option other than compulsorily serving the entire notice period and the employer is entitled to exercise his discretion to accept the resignation submitted and formally relieve him.
From India, Salem
6016One of the objectives of Law is creating preventive checks in human transactions and putting them in place in tune with the Principles of Natural Justice. If any agreement between two or more people for a lawful purpose is based on a valid offer and an acceptance be it conditional or express or implied it becomes a valid contract.Generally, the workplace or employment relationship between an employer and the employee is an impled contract that can either be verbal or written or can even be both. However, when it is a written contract comprising of certain specific terms and conditions and accepted by both the employer and the employee, it becomes an Expressed Contract.So, there is no necessity of a Law to create an obligation on the part of the employee to serve the entire length of notice period in the event of his resignation which is an unilateral termination of the very contract of employment. But it is so mentioned in the contract of employment without providing for an alternative such as buy-out, the employee has no option other than compulsorily serving the entire notice period and the employer is entitled to exercise his discretion to accept the resignation submitted and formally relieve him.
From India, Salem
Dear, It is not required to work during notice period, maximum damage for the same is the notice pay in lieu of notice period, which the employee is ready to pay. Anurag Lakhotia Lexlabour.com
From India, Delhi
From India, Delhi
There is no law that can compel you to work during the notice period. Either you serve the notice period or pay the equivalent amount in lieu of the notice period.
However, your resignation can be rejected if there is an existing/ contemplation of domestic enquiry for any serious misconduct against you. However, such conditions cannot even compel you to work even if resignation is not accepted.
From India, Kolkata
However, your resignation can be rejected if there is an existing/ contemplation of domestic enquiry for any serious misconduct against you. However, such conditions cannot even compel you to work even if resignation is not accepted.
From India, Kolkata
Dear Sir,
We have engaged 4 vehicles through travel agency . As per agreement agency provide vehicles with drivers for transportation for our employees. I want to know what is our legal liabilities for vehicle drivers under labour law. is there any liabilities to pay minimum wages and PF of principal employers.
Regards
Sandeep Satsangi
9992112044
From India,
We have engaged 4 vehicles through travel agency . As per agreement agency provide vehicles with drivers for transportation for our employees. I want to know what is our legal liabilities for vehicle drivers under labour law. is there any liabilities to pay minimum wages and PF of principal employers.
Regards
Sandeep Satsangi
9992112044
From India,
Mr. Ritesh Maity,
You are a labour law advocate, but if you feel and stress that your point is correct that there is no law that can compel you to work during the notice period, your concept should not necessarily be deeemed to be a law of the land, more particularly when your question does not reveal the most necessary facts about the terms & conditions of appointment
But, somehow or the other you feel that there is no law that can compel you to work during the notice period, you are also obliged to point out the provisions of any law that states that the employee is not compelled to work during notice period.
In fact, in the absence of discussion about the TOC of appointment, or any inconsistency in or invalidity of the agreement of employment, your query in itself becomes incomplete and vague.
From India, Delhi
You are a labour law advocate, but if you feel and stress that your point is correct that there is no law that can compel you to work during the notice period, your concept should not necessarily be deeemed to be a law of the land, more particularly when your question does not reveal the most necessary facts about the terms & conditions of appointment
But, somehow or the other you feel that there is no law that can compel you to work during the notice period, you are also obliged to point out the provisions of any law that states that the employee is not compelled to work during notice period.
In fact, in the absence of discussion about the TOC of appointment, or any inconsistency in or invalidity of the agreement of employment, your query in itself becomes incomplete and vague.
From India, Delhi
Dear colleagues,
In the post Mr. Ritesh has not written Notice period related clause in the letter of appointment , which matters most. Generally, terms and conditions in case of Resignation and notice period are observed like-An employee shall not leave or discontinue services without giving notice in writing of his intention to leave or discontinue the service.Period of such notice will be minimum 3 months for all employees except employees on temporary/contract basis and employees on probation, who would be required to give 14 days notice, who have rendered service for continuous period of 3 months or more.
In case of shorter notice if given by any employee, the competent authority shall have right to accept such request on payment of such compensation not exceeding the Cash Component to the extent of shortfall in notice period.However, after resignation ,an employee is under obligation to serve the company in entire notice period with sincerity and discharge his routine functions . Employees will be entitled to pro rata leave during notice period and relieved after submission of No dues certificate that shall be obtained by him from concerned departments and same is submitted one week before date of relieving to HR department to process his Full and Final payments.
The competent authority shall have right to waive off the shortfall in such notice period, only as an exception.
If this as general terms written, employee can not walk out with offer of paying Salary as shortfall of notice period.
Lets understand and all of us must appreciate a situation if any one turns defaulter. Whatever in beginning has been agreed as TOC of appointment letter, signed by employee and management both shall remain in shape of a Legally enforceable contract. Employee deciding not to attend duty wanting to pay notice pay without having allowed and approved by employer , is liable to be prosecuted before Court for breach of contract.Such defaulters may be awarded damages to an extent employer has claimed and courts are satisfied.
MY ADVICE IS TO SERVE FULL PERIOD OF NOTICE PERIOD OR GET SHORT FALL WAIVE OFF , TAKE CERTIFICATE OF RELIEVING WITH GRACE.
Thanks and regards,
RDS Yadav
Director,
Future Instt. Of Engg and Management Technology
and
Labour Law Advisor
Navtarang HR Services,
navtaranghrs@gmail.com
From India, Delhi
In the post Mr. Ritesh has not written Notice period related clause in the letter of appointment , which matters most. Generally, terms and conditions in case of Resignation and notice period are observed like-An employee shall not leave or discontinue services without giving notice in writing of his intention to leave or discontinue the service.Period of such notice will be minimum 3 months for all employees except employees on temporary/contract basis and employees on probation, who would be required to give 14 days notice, who have rendered service for continuous period of 3 months or more.
In case of shorter notice if given by any employee, the competent authority shall have right to accept such request on payment of such compensation not exceeding the Cash Component to the extent of shortfall in notice period.However, after resignation ,an employee is under obligation to serve the company in entire notice period with sincerity and discharge his routine functions . Employees will be entitled to pro rata leave during notice period and relieved after submission of No dues certificate that shall be obtained by him from concerned departments and same is submitted one week before date of relieving to HR department to process his Full and Final payments.
The competent authority shall have right to waive off the shortfall in such notice period, only as an exception.
If this as general terms written, employee can not walk out with offer of paying Salary as shortfall of notice period.
Lets understand and all of us must appreciate a situation if any one turns defaulter. Whatever in beginning has been agreed as TOC of appointment letter, signed by employee and management both shall remain in shape of a Legally enforceable contract. Employee deciding not to attend duty wanting to pay notice pay without having allowed and approved by employer , is liable to be prosecuted before Court for breach of contract.Such defaulters may be awarded damages to an extent employer has claimed and courts are satisfied.
MY ADVICE IS TO SERVE FULL PERIOD OF NOTICE PERIOD OR GET SHORT FALL WAIVE OFF , TAKE CERTIFICATE OF RELIEVING WITH GRACE.
Thanks and regards,
RDS Yadav
Director,
Future Instt. Of Engg and Management Technology
and
Labour Law Advisor
Navtarang HR Services,
navtaranghrs@gmail.com
From India, Delhi
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Termination from Employment.pdf
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