Hi all,
I just want to check, is it possible for an organization to force an employee to serve a month's notice period even when the employee is ready to pay for the notice period but does not want to continue his services? Is there any legal binding from the court of law that allows an employer to compel an employee to serve a minimum notice period of one month? Please let me know your views.
Regards,
Kriti
From India, Delhi
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1I just want to check, is it possible for an organization to force an employee to serve a month's notice period even when the employee is ready to pay for the notice period but does not want to continue his services? Is there any legal binding from the court of law that allows an employer to compel an employee to serve a minimum notice period of one month? Please let me know your views.
Regards,
Kriti
From India, Delhi
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Kriti,
If the employee is prepared to pay for his notification period, then I don't see why the company can compel the employee to still serve his/her notification period. However, it depends on what was stipulated in the employee's terms and conditions of employment, i.e., the agreement. Usually, some companies require their employees to give ample notice of intent to resign, especially if they are in sensitive positions. This is because the person may be required to hand over to his successor, or the position is such that it cannot be left vacant until a replacement is found. Some positions are also difficult to recruit for at the same time.
The company may be right if, as part of the agreement, it was stated that only notice may be given with no stated condition of pay in lieu of notice by either party. Such organizations do that because of the cost of resources utilized in training employees in certain positions, and hence they need to get their money's worth.
So in answer to your question, there is no legal binding from a court of law stating that a company can compel its employees to work their notice period. However, if there was a provisional clause from the onset in the employee agreement, then I'm afraid that, in itself, may be considered binding.
From Ghana, Accra
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If the employee is prepared to pay for his notification period, then I don't see why the company can compel the employee to still serve his/her notification period. However, it depends on what was stipulated in the employee's terms and conditions of employment, i.e., the agreement. Usually, some companies require their employees to give ample notice of intent to resign, especially if they are in sensitive positions. This is because the person may be required to hand over to his successor, or the position is such that it cannot be left vacant until a replacement is found. Some positions are also difficult to recruit for at the same time.
The company may be right if, as part of the agreement, it was stated that only notice may be given with no stated condition of pay in lieu of notice by either party. Such organizations do that because of the cost of resources utilized in training employees in certain positions, and hence they need to get their money's worth.
So in answer to your question, there is no legal binding from a court of law stating that a company can compel its employees to work their notice period. However, if there was a provisional clause from the onset in the employee agreement, then I'm afraid that, in itself, may be considered binding.
From Ghana, Accra
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Dear Kirti,
We are living in free India. Nobody (employer) forces any employee to work forcefully, subject to no agreement with the employer. If you are bound by an agreement, you can be compensated as per the clause of the agreement. There is no such law in India at the moment. If any employer does not relieve you, you can take legal action, i.e., mental harassment.
However, as a human being or a dedicated employee, you can give more time to the employer for a smooth departure or relieving process.
Regards,
Vishwash Thakur
From India, Mumbai
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We are living in free India. Nobody (employer) forces any employee to work forcefully, subject to no agreement with the employer. If you are bound by an agreement, you can be compensated as per the clause of the agreement. There is no such law in India at the moment. If any employer does not relieve you, you can take legal action, i.e., mental harassment.
However, as a human being or a dedicated employee, you can give more time to the employer for a smooth departure or relieving process.
Regards,
Vishwash Thakur
From India, Mumbai
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Hi Vishwash and hrghgp, Thank you for the response. I was just trying to understand this from organizations' perspective. Thank you for your valuable inputs. Regards, Kriti
From India, Delhi
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From India, Delhi
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Dear Kriti,
Greetings of the day:)
Kindly go through your appointment letter's terms & conditions where you will find whether it is mandatory to serve a notice period even after you are willing to pay notice period pay in lieu of the notice period. If it is not mentioned, then you are not bound to serve a notice period, and there will be no legal binding on you. You can leave your job, and if your company is forcing you to serve the notice period or harassing you in such a case, you can seek help from the police or take legal action against your company.
Regards,
Kapil Dev Singh
SIEMENS Limited
Cell: +91-9718989007
Direct Line: +91-124-2846590
From India, New Delhi
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Greetings of the day:)
Kindly go through your appointment letter's terms & conditions where you will find whether it is mandatory to serve a notice period even after you are willing to pay notice period pay in lieu of the notice period. If it is not mentioned, then you are not bound to serve a notice period, and there will be no legal binding on you. You can leave your job, and if your company is forcing you to serve the notice period or harassing you in such a case, you can seek help from the police or take legal action against your company.
Regards,
Kapil Dev Singh
SIEMENS Limited
Cell: +91-9718989007
Direct Line: +91-124-2846590
From India, New Delhi
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Hi Kapil,
Thank you so much for your post as it is really helpful. However, I just want to understand what if the company has mentioned the clause in the offer letter. Can it force an employee to serve a complete month's notice ensuring that he will not get relieved from the system even after paying for the notice period? Please let me know your thoughts.
Thanks in anticipation.
Regards, Kriti
From India, Delhi
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Thank you so much for your post as it is really helpful. However, I just want to understand what if the company has mentioned the clause in the offer letter. Can it force an employee to serve a complete month's notice ensuring that he will not get relieved from the system even after paying for the notice period? Please let me know your thoughts.
Thanks in anticipation.
Regards, Kriti
From India, Delhi
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Legal Notice for Breach of Notice Period .docx