• Forcing to serve 90 days notice period

Hi,
i am suffering from mental trauma because of my employer is forcing me to serve notice period of 90 days. whereas i am willing to pay for my un-served notice period. but, they are adamantly stick to their policy wording as belows:
I"n the event of ur desiring to leave the services after confirmation, u shall give company 3months notice in writing, provided that the company may at its sole discretion waive such notice. should u fail to work through the entire notice period company shall be at liberty, in addition to any other action that it may take to recover from ur compensation for un served notice period calculated on a pro rata basis on ur base salary."
So, plz suggest me a way to cope up with cus my new employer says negotiation happens.
Asked 5 years ago in Labour

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

 you must see the terms mentioned in your appointment letter . Company can ask you for some penalty to be paid only but they can't bind you to work against your wish.. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

See negotiation is on mutual understanding between you and employer as per the wording of agreement company can only waive of the notice period you cannot force company to accept payment  in lieu of unserved notice period you can only propose. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

As per these terms you need to serve the period.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

No need to worry you just give resignation letter via your personal email id to HR and ops management.

 

And if possible one hardcopy to hr clearly mentioning your last working day and taking acknowledged on it.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

You cannot insist the company to waive the 90 days notice period by indicating your willingness to pay for the remaining days of notice period.

The action that may be taken by the company if you abscond by submitting the resignation letter  would be :

They may not issue relieving letter or experience certificate,

they may not settle your F&F;

they may declare you as absconding and may terminate your services.

they may give an adverse report when the new company is seeking background verification about you

However there is nothing wrong in submitting your resignation with 30 days notice period and your willingness to compensate the company with your pay for another 60  days notice period.

Let them give a reply in writing so that you can plan legal action, if necessary after that.

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

They have clearly mentioned that it is the discretion of the company so you may not take a risk.

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

The Contract will say something like 3 month notice period or pay in lieu of the same; but the choice will be at the discretion of the company.If an employee does not serve notice period and does not pay the salary amount for the period of default, the company may dock the amount from his dues; or send a legal notice asking for repayment.Issuing a relieving letter is not mandatory; only settling of dues is essential.There is no way that the company can force you to serve the full notice period.The clause in the employment agreement usually states "ninety days’ written notice or three (3) months’ gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.

 

So completing the notice period and get a proper relieving letter; else you will have a lot of explaining to do in your next company.Under Indian law, a non-compete agreement post termination of employment is not enforceable against an employee.

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

Hi,

If you have found another job or you have completely decided to leave the present job, you are suggested to serve a legal notice citing the said provisions of notice period and ask for buy out of notice period. At the last resort, you may approach labour court to get the relief.

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

It is at discretion of company to waive notice period of 90 days 

 

if you fail to serve notice period company can declare you an absconder 

 

 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

It is in your interest to serve notice period 

 

if you fail to do so company can declare you absconder terminate your services and sue you 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

You can complaint the same before dy labour commissioner.  You can also file case in labour court

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

as per the clause you are bound to work for notice period as the company is the sole decision maker in this regard,

if you are going for some other job, then follow the company and work for the notice period,

if you are willing for the legal battle,

take them to the Court as the said term is against the principle of justice and equity,

 

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

Dear Client,

If you allow them to deduct from your salary then you need not to worry. They will deduct from your salary for unserved notice days. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

This is my response to you:

1. There might be more clauses in the company policy?

2. You must gain access to all such information;

3. You will have to serve the notice period;

4. Otherwise give them a written letter stating that you wish to buy-out the notice period;

5. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer