Can I Take Legal Action if My Employer Won't Release Me After Notice Period?

I have been working for an organization for several years. I decided to leave after receiving an offer letter from another company, and my current employer has given me a one-month notice period. In my offer letter, it states, "After completing your 24 months of service level agreement, either side can obtain relief with one month's notice or by paying a salary in lieu thereof."

I have fulfilled my 24-month service level agreement, but my organization is not releasing me within the one-month notice period as stated in the contract. Can I sue the company for breaching the contract, as this issue is escalating into a legal HR matter? Please advise on the actions I can take in this situation.

You are within your rights to sue the organization for the inappropriate act. However, it is advisable to take a commonsensical approach and address a letter to the senior management of your company informing them of the situation. Thereafter, if no action is forthcoming from them, issue an advocate's notice to the company.

Best regards,
Dipen
dipenvg78@gmail.com

Dear Alwar,

I hope I have forgotten something to mention here.

My current organization is asking me to serve a notice period of 2 months without exception. Please reply with a proper explanation. This is not about leaving the organization on bad terms; it's about justice. I am not playing games; this decision is crucial for my career, and I take it seriously. I will handle it seriously if I miss out on future opportunities.

If you have something to say, provide a logical explanation in legal terms. I value logic in discussions.

Thanks and Regards,
Vendetta

Dear V!! You are absolutely right that you are not required to serve for more than a month. The employer has no legal right to enforce a two-month notice period. The relation between you and the company is based on the contract of service signed by the parties. What is provided therein can only be enforced. It cannot go beyond such terms. Since the terms provide for a one-month notice, both parties are bound by it. So, forcing a two-month notice runs counter to the service agreement and is hence illegal. For such illegalities, you can seek compensation to the extent of actual loss suffered under the Contract Act.

This logic should help you!!!!

Regards KK

Dear Vendetta,

Don't do anything without thinking. If your company doesn't give you a notice, you give them a notice of one month. Mention in the notice as under:

As our agreement is completed, I would like to draw your kind attention to para_____ of the agreement relating to the notice period. Kindly consider this letter as my one-month notice, and I will not come to the office from dt.__________.

As far as the case/suit is concerned, jo bhi karna hai unko karne do. There are already more than 3.5 crore cases pending in various courts of India. Ek aur sahi, why are you wasting your money, time, and energy? Just give them a notice and start working in another company after completing the notice period. There is no need to give a two-month notice at all.

I am in complete agreement with Mr. Deepan. First, you should simply write a letter to the top management requesting your needs.

Madhukar

Hi,

I believe serving a notice period of two months would be foolishness, and filing a case would also be foolishness because both are a waste of time. This is an examination of your intelligence. I have also faced the same problem in my last organization, but you know we are in a private job. We want to grow by changing our job. Try to make them understand that this is not right. If they still are not able to understand, then leave them right away.

Regards,
Suman

Hi Vendanta,

I think if your agreement is already over, there is a need for you to stay. Is there an automatic renewal clause in your agreement after 24 months? If yes, inform them that as per clause ____, I am tendering my resignation of one month, and this will be my last working day. If there is no renewal clause, just go.

Regarding your new employer, inform them that you were working with them on a contract basis. As per the verbal discussion, because it was not a permanent employment, with the expiration of the contract, my agreement is over, and I am free to work anywhere else.

One more thing, no one can force you to work. If you have decided to quit, provide a formal notice. So, just relax and take it in your stride.

Regards,
Preeti