Notice period clause - Whether the company can get any legal action by employees for not giving the Relieving & Service orders?

What is the procedure for the Notice Period if an employee quits the organization? If in appointment clause is given as either to give 3 months notice period in lieu of 3 months basic and if an employee is ready to pay 3 months basic to the company, can the company hold the employee to stay for 3 months and not give the relieving or service certificates? Whether the company can get any legal action by employees for not giving the Relieving & Service orders. Pl clarify

Hi,

As per the terms and conditions of appointment order if either party can terminate by giving 3 months notice or 3 months salary then you cannot hold the relieving of the employee. Because employee is willing to follow the separation clause by giving months 3 months basic or salary what ever it may be.

Only thing you can do you can call the employee for a discussion and explain that company require some breathing time to look for replacement and also he need to hand over his responsibilities and ask him to support for 30-45 days and balance days adjust from his settlement.

Being in HR our role is to look for amicable solution where ever possible and should not complicate the issue further