No, a company cannot force an employee to serve a notice period if the terms of employment clearly mention "pay in lieu of notice." You can approach the appropriate authority to challenge the decision. Please send them a formal letter mentioning employment clauses with respect to the notice period before approaching labor officials.
Regards,
Murali
From India, Hyderabad
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12Regards,
Murali
From India, Hyderabad
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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 are 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 another angle that if pay in lieu of the 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
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Thanks, Sushil
From India, New Delhi
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What is the meaning of "FORCE"? Is it 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 of a sudden, the company will suffer; vice versa, if an employee is released abruptly by his employer, the employee will suffer. If the employee has tendered his resignation from the service of the company and wants to receive full pay and benefits, he has to wait until the last date of his notice period and hand over the charge to the successor. That is fair. If he does not, then he has to refund one month's salary to the company for violating the notice period. (The notice period varies from 7 days to 3 months as stipulated in the offer of appointment). So, friend, whatever is written in your appointment letter are rules that you should follow. Thanks.
From India, Raniganj
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From India, Raniganj
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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 the employee is bound to serve the notice period as per the appointment letter or rule of the company contrary to statutory enactments. Relevant it would be referred 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 a more extended notice period than prescribed under the relevant Act are 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 the employee is void as per section 69 of the Bombay Shops and Establishment Act and in similar provisions under other State Acts. Further under the 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
"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
"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
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The earlier stated legal position comes into operation. But can it be said that the employee is bound to serve the notice period as per the appointment letter or rule of the company contrary to statutory enactments. Relevant it would be referred 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 a more extended notice period than prescribed under the relevant Act are 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 the employee is void as per section 69 of the Bombay Shops and Establishment Act and in similar provisions under other State Acts. Further under the 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
"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
"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
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Hello Friends,
I am Rakesh Jadhav from Mumbai. As far as my knowledge is concerned, an employee is expected to serve a stipulated notice period or pay in lieu of it. An employee can also serve a partial notice period, pay the shortfall amount, and get themselves relieved.
Regarding the issuance of a relieving/experience letter, an employer has to issue it to an employee in either of the above-mentioned cases. An employee is not entitled to the same if they have not fulfilled either of the above-mentioned reasons.
In some companies, specifically BPOs, attrition is a part of the TLs KRA. Therefore, they will always try to force you to stay back.
From India, Mumbai
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I am Rakesh Jadhav from Mumbai. As far as my knowledge is concerned, an employee is expected to serve a stipulated notice period or pay in lieu of it. An employee can also serve a partial notice period, pay the shortfall amount, and get themselves relieved.
Regarding the issuance of a relieving/experience letter, an employer has to issue it to an employee in either of the above-mentioned cases. An employee is not entitled to the same if they have not fulfilled either of the above-mentioned reasons.
In some companies, specifically BPOs, attrition is a part of the TLs KRA. Therefore, they will always try to force you to stay back.
From India, Mumbai
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This is a typical story of foreign MNCs in India where they are unable to maintain uniformity in their policies.
I had served one of the top Fortune companies for about 4 years, always over-delivering on my targets, gaining respect, and maintaining relations with all departments and customers of the firm. While assessing a better opportunity, I quit the job and was asked to serve a complete notice period of 90 days without any major handovers. What I received in the last week from my manager was a disrespectful email regarding my behavior during my notice. How disrespectful for an organization like this!
I mean, we bear the most demotivated 90 days of our lives, we bear the better opportunities in the market if we get any, we bear the money that we lose that otherwise we would have been paid for the incremental growth - all for what? Respect and loyalty for our employers, while they are going against the law all the way to screw us during notice!
While the same employer, for instance, abroad like in Denmark, is offering a (reverse) notice for the employees - counterparts for 6 months to appear in as many interviews as possible to find suitable opportunities. If you have found one already, leave as early as in a week without having to pay a single Kroner. How could its mentality be totally different in India? And they call themselves equal opportunity employers!
From India, Chennai
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I had served one of the top Fortune companies for about 4 years, always over-delivering on my targets, gaining respect, and maintaining relations with all departments and customers of the firm. While assessing a better opportunity, I quit the job and was asked to serve a complete notice period of 90 days without any major handovers. What I received in the last week from my manager was a disrespectful email regarding my behavior during my notice. How disrespectful for an organization like this!
I mean, we bear the most demotivated 90 days of our lives, we bear the better opportunities in the market if we get any, we bear the money that we lose that otherwise we would have been paid for the incremental growth - all for what? Respect and loyalty for our employers, while they are going against the law all the way to screw us during notice!
While the same employer, for instance, abroad like in Denmark, is offering a (reverse) notice for the employees - counterparts for 6 months to appear in as many interviews as possible to find suitable opportunities. If you have found one already, leave as early as in a week without having to pay a single Kroner. How could its mentality be totally different in India? And they call themselves equal opportunity employers!
From India, Chennai
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Hi,
I submitted a notice period of 30 days in a written email. However, my company is not accepting my resignation. In my appointment letter, it is stated 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 the notice period. The company is refusing to accept 2 months' basic pay from my side. Is it necessary to serve the full notice period? What legal actions can I take?
Thanks in advance!
From India, Mumbai
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I submitted a notice period of 30 days in a written email. However, my company is not accepting my resignation. In my appointment letter, it is stated 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 the notice period. The company is refusing to accept 2 months' basic pay from my side. Is it necessary to serve the full notice period? What legal actions can I take?
Thanks in advance!
From India, Mumbai
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1: I have leave balance, but the company states that I am not allowed to take leaves during my notice period. At the same time, they mention that I will not be paid for those leaves either.
2: I wanted to buy out my notice period, and I assumed that it is the basic salary I needed to pay. However, the company is insisting that I have to pay my full salary, including taxes. I just want to know if this is correct because there is no clarity.
From India, Bengaluru
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2: I wanted to buy out my notice period, and I assumed that it is the basic salary I needed to pay. However, the company is insisting that I have to pay my full salary, including taxes. I just want to know if this is correct because there is no clarity.
From India, Bengaluru
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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
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From India, undefined
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You are supposed to pay the equivalent amount of salary for the notice period not served. In your case, you can pay for just 25 days which were not served by you.
Check out my blog at www.labourlawhub.com
From India, Kolkata
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Check out my blog at www.labourlawhub.com
From India, Kolkata
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