NO, company cannot force an employee to serve notice period, if the terms of employment clearly mention "pay in lieu of notice". You can approach appropriate authority to challenge the decision. Please send them a formal letter mentioning employment clauses with respect to notice period, before approaching labour officials.
Regards,
Murali
From India, Hyderabad
12Regards,
Murali
From India, Hyderabad
If the employer is arbitrarily sticking to his point then under the State Shops and Establishment Act, generally it is provided that one month's notice can be given by either side. Any contract contrary to it is illegal. Further even under the Specific Reliefs Act either party cannot be forced to perform the contract. So the damages payable is one month's notice. After having tendered that amount and if the employer does not relieve then approach the Inspector under the said State Act to obtain relieving because after that period one is deemed to have been relieved. It can also be considered from other angle that if pay in lieu of notice period under the Act is made by an employer to discharge an employee, similarly an employee without discrimination, can also resign on these terms.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
What is the meaning of "FORCE" ? Is it a physical ? The simple conclusion is that 'In order to safeguard the interest of both Employer and the Employee the term 'Notice Period' was evolved. If an important employee leaves the company all on a sudden, the company will suffer vis-a-vis if an employee is released all on a sudden by his employer the employee will suffer. If the employee has tendered his resignation from the service of the company and wants to get full pay and benefits, he has to wait till the last date of his notice period and have to hand over the charge to the successor. That is fare. If he not, then he have to refund one month's salary to the company for violating the Notice period.(The Notice period varies from 7 days to 3 months and that is stipulated in the offer of appointment).So friend, whatever is written on your appointment letter - is Rules and that you should follow. Thanks.
From India, Raniganj
From India, Raniganj
If it is a physical force that would amount to wrongful confinement under IPC. The dispute here is an employee wants to resign immediately then what are the consequences when the employer does not want to relieve the employee despite there is no disciplinary case pending against the employee.The earlier stated legal position comes into operation. But can it be said that employee is bound to serve notice period as per appointment letter or rule of the company contrary to statutory enactments. Relevant it would be refer to extracts of Apex Court decisions below which hold to the effect that any agreement contrary to provisions of Shops and Establishment Act; Standing Orders; Industrial Disputes Act, is illegal, void and of no effect. Thus the contractual provisions which provide for more notice period than prescribed under the relevant Act, is of no effect:
The employer cannot change service conditions contrary to these statutory provisions whichever is applicable, to the disadvantage of the employee. Any appointment letter contrary to the Act and rules unless it is more beneficial to employee, is void as per section 69 of the Bombay Shops and Establishment Act and in similar provisions under other State Acts.Further under Payment of Wages Act as applicable under section 38 of the Bombay Act, no deduction of any kind is permissible unless authorized under the Act. The employer cannot make any recovery under the garb of notice period recovery which is not valid.
Any contract contrary to the statutory provisions is void:
In the Management of Marina Hotel Vs. The Workmen 1962 (3) SCR 1, the award of the Industrial Tribunal holding entitlement to 15 days casual-cum-sickness leave *was held to be illegal being contrary to the provisions of Section 22 of Delhi Shops and Establishments Act, 1954 which contained a peremptory direction of the Legislature for leave not exceeding 12 days only being allowed.
Supreme Court of India
Glaxo Laboratories vs The Presiding Officer, Labour ... on 6 October, 1983
Equivalent citations: 1984 AIR 505, 1984 SCR (1) 230
"In this connection, we may also refer to Western India Match Company Ltd. v. Workmen in which this Court held that any condition of service if inconsistent with certified standing orders, the same would not prevail and the certified standing orders would have precedence over all such agreements."
Patna High Court
Lilawati Devi And Ors. vs Central Coalfields Ltd. on 9 October, 1991
"52. It is now well known that the provisions contained in the certified Standing Order have the force of law. The provisions of the Standing Order certified under the Industrial Employment (Standing Orders) Act, 1946 would prevail over the contract of service..."
Thanks
Sushil
From India, New Delhi
The employer cannot change service conditions contrary to these statutory provisions whichever is applicable, to the disadvantage of the employee. Any appointment letter contrary to the Act and rules unless it is more beneficial to employee, is void as per section 69 of the Bombay Shops and Establishment Act and in similar provisions under other State Acts.Further under Payment of Wages Act as applicable under section 38 of the Bombay Act, no deduction of any kind is permissible unless authorized under the Act. The employer cannot make any recovery under the garb of notice period recovery which is not valid.
Any contract contrary to the statutory provisions is void:
In the Management of Marina Hotel Vs. The Workmen 1962 (3) SCR 1, the award of the Industrial Tribunal holding entitlement to 15 days casual-cum-sickness leave *was held to be illegal being contrary to the provisions of Section 22 of Delhi Shops and Establishments Act, 1954 which contained a peremptory direction of the Legislature for leave not exceeding 12 days only being allowed.
Supreme Court of India
Glaxo Laboratories vs The Presiding Officer, Labour ... on 6 October, 1983
Equivalent citations: 1984 AIR 505, 1984 SCR (1) 230
"In this connection, we may also refer to Western India Match Company Ltd. v. Workmen in which this Court held that any condition of service if inconsistent with certified standing orders, the same would not prevail and the certified standing orders would have precedence over all such agreements."
Patna High Court
Lilawati Devi And Ors. vs Central Coalfields Ltd. on 9 October, 1991
"52. It is now well known that the provisions contained in the certified Standing Order have the force of law. The provisions of the Standing Order certified under the Industrial Employment (Standing Orders) Act, 1946 would prevail over the contract of service..."
Thanks
Sushil
From India, New Delhi
Hello Friends,
I am Rakesh Jadhav from Mumbai.
As far as my knowledge is concerned an employee is expected to serve a stipulated period of notice period or pay in lieu of. An employee can also serve partial notice period and pay the shortfall amount and get him/herself relieved.
As far as issuance of relieving/experience letter is concerned an employer has to issue it to an employee in either of the above mentioned cases. An employee is not entitled for the same in case if the employee has not fulfilled either of the above 2 mentioned reasons.
In some companies specifically BPOs attrition is a part of the TLs KRA. So they will always try to force u stay bk.
From India, Mumbai
I am Rakesh Jadhav from Mumbai.
As far as my knowledge is concerned an employee is expected to serve a stipulated period of notice period or pay in lieu of. An employee can also serve partial notice period and pay the shortfall amount and get him/herself relieved.
As far as issuance of relieving/experience letter is concerned an employer has to issue it to an employee in either of the above mentioned cases. An employee is not entitled for the same in case if the employee has not fulfilled either of the above 2 mentioned reasons.
In some companies specifically BPOs attrition is a part of the TLs KRA. So they will always try to force u stay bk.
From India, Mumbai
This is a typical story of Foreign MNCs while in India, where they are unable to maintain the uniformity in this policy...
I had served one of the top fortune companies for about 4 years, always over-delivering my targets, gained respect & maintained relations with all departments & customers of the firm... assessing a better opportunity, I quit the job & was asked to serve a complete notice period of 90 days w/o any major handovers....what I get at the last week from my Manager is a disrespectful email regarding my behavior during my notice.....how disrespectful for an organization like this!!!!
I mean, we bear on the most demotivated 90 days of our lives, we bear on the better opportunities in the market, if we get any, we bear on the money that we loose that otherwise we would have been paid of the incremental growth....all for what...respect & loyalty for our employers, while they are going against the law all the way to screw us during notice...!
While the same employer for an instance abroad, like in Denmark, is offering a (reverse) notice for the employees- counterparts for 6 months to appear as many interviews as possible to find suitable opportunities, else if you have found one already leaves as early as in a week without having to pay a single Kroner....how could it's mentality totally be different in India? & they call themselves equal opportunity employers!
From India, Chennai
I had served one of the top fortune companies for about 4 years, always over-delivering my targets, gained respect & maintained relations with all departments & customers of the firm... assessing a better opportunity, I quit the job & was asked to serve a complete notice period of 90 days w/o any major handovers....what I get at the last week from my Manager is a disrespectful email regarding my behavior during my notice.....how disrespectful for an organization like this!!!!
I mean, we bear on the most demotivated 90 days of our lives, we bear on the better opportunities in the market, if we get any, we bear on the money that we loose that otherwise we would have been paid of the incremental growth....all for what...respect & loyalty for our employers, while they are going against the law all the way to screw us during notice...!
While the same employer for an instance abroad, like in Denmark, is offering a (reverse) notice for the employees- counterparts for 6 months to appear as many interviews as possible to find suitable opportunities, else if you have found one already leaves as early as in a week without having to pay a single Kroner....how could it's mentality totally be different in India? & they call themselves equal opportunity employers!
From India, Chennai
Hi,
I submitted a notice period of 30 days in written e-mail. But my company is not accepting my resignation.
In my appointment letter there is written that
Either Party can terminate this employment by serving a notice period of 90 days on the other. However , if approved by the company, an associate may surrender leave to his/her credit or pay salary(basic) in lieu of notice period.
and refuses to take 2 months basic from my side.
Is this necessary to serve full notice period.
what legal actions I can take.
Thanks in advance!
From India, Mumbai
I submitted a notice period of 30 days in written e-mail. But my company is not accepting my resignation.
In my appointment letter there is written that
Either Party can terminate this employment by serving a notice period of 90 days on the other. However , if approved by the company, an associate may surrender leave to his/her credit or pay salary(basic) in lieu of notice period.
and refuses to take 2 months basic from my side.
Is this necessary to serve full notice period.
what legal actions I can take.
Thanks in advance!
From India, Mumbai
1 : I have leave balance but the company states that I am not allowed to take leaves on my notice period, and at the same time they state that I will not be paid for it either.
2 : I wanted to buy my notice, and I assumed that it is the basic salary I needed to pay but the company is insisting that I have to pay my full Salary including Tax.
I just want to know if this is correct - because there is no clarity.
From India, Bengaluru
2 : I wanted to buy my notice, and I assumed that it is the basic salary I needed to pay but the company is insisting that I have to pay my full Salary including Tax.
I just want to know if this is correct - because there is no clarity.
From India, Bengaluru
Pls tell me if anone served notice of three months and quit 25 day before expiry of notice period. He sould pay salary of 25 days or 3 months full salary.
From India, undefined
From India, undefined
You are supposed to pay the equivalent amount of salary for the notice period not served. In you case you can pay for just 25 days which is not served by you.
Check my blog at www.labourlawhub.com
From India, Kolkata
Check my blog at www.labourlawhub.com
From India, Kolkata
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