Hi all,
I just want to check is it possible for an organization to force an employee to serve a months' 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
1I just want to check is it possible for an organization to force an employee to serve a months' 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
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 employees terms and conditions of employment ie. the agreement. Usually some companies require of their employees to give ample notice on intent to resign especially if they are in sensitive positions. This is beacuse it will be required of the person to hand over to his successor or the position is such that it cannot be left vacant for whatever period of time till a replacement is found. Some positions are at the same time difficult to recruit for.
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 parties. Such organisations do that because of the cost of resources utilised 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
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 employees terms and conditions of employment ie. the agreement. Usually some companies require of their employees to give ample notice on intent to resign especially if they are in sensitive positions. This is beacuse it will be required of the person to hand over to his successor or the position is such that it cannot be left vacant for whatever period of time till a replacement is found. Some positions are at the same time difficult to recruit for.
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 parties. Such organisations do that because of the cost of resources utilised 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
Dear Kirti,
We are living in free india, Nobody (employer) forrce to any employee to work frocefully, subject to no agreement with employeer, If are you are bounded with agreement you can compuntate as per clause of agreement.
No such law in india till time, If any employeer not releaved you , you can take legal action i.e mentally harsment,
But as a Human being or best employee, you can gave more the time to employeer for smoth departure/releaving.
Regards
Vishwash Thakur
From India, Mumbai
We are living in free india, Nobody (employer) forrce to any employee to work frocefully, subject to no agreement with employeer, If are you are bounded with agreement you can compuntate as per clause of agreement.
No such law in india till time, If any employeer not releaved you , you can take legal action i.e mentally harsment,
But as a Human being or best employee, you can gave more the time to employeer for smoth departure/releaving.
Regards
Vishwash Thakur
From India, Mumbai
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
From India, Delhi
Dear Kriti,
Greeting of the day:)
Kindly go through your appointment letter's terms & conditions where you will find whether it is mandatory to serve notice period even after you are willing to pay Notice period pay in lieu of notice period.
If it is not mentioned then you are not bind to serve 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 harrassing you is such a case you take help of Police or can sue your company for the same.
Regards,
Kapil Dev Singh
SIEMENS Limited
Cell: +91-9718989007
Direct Line: +91-124-2846590
From India, New Delhi
Greeting of the day:)
Kindly go through your appointment letter's terms & conditions where you will find whether it is mandatory to serve notice period even after you are willing to pay Notice period pay in lieu of notice period.
If it is not mentioned then you are not bind to serve 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 harrassing you is such a case you take help of Police or can sue your company for the same.
Regards,
Kapil Dev Singh
SIEMENS Limited
Cell: +91-9718989007
Direct Line: +91-124-2846590
From India, New Delhi
Hi Kapil,
Thank you so much for your post as it is really helpful.
However, just want to understand what if the compnay has mentioned the clause in the offer letter. Can it force an employee to serve a complete months' 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
Thank you so much for your post as it is really helpful.
However, just want to understand what if the compnay has mentioned the clause in the offer letter. Can it force an employee to serve a complete months' 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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