Hello Team,
Is there any law that states an employee has to complete his notice period as per company policy, even if he/she is willing to compensate for the shortfall by paying for the remaining days he/she won't be able to serve?
From India, undefined
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Is there any law that states an employee has to complete his notice period as per company policy, even if he/she is willing to compensate for the shortfall by paying for the remaining days he/she won't be able to serve?
From India, undefined
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Dear Ritesh Kini,
One of the objectives of law is creating preventive checks in human transactions and putting them in place in tune with the Principles of Natural Justice. If any agreement between two or more people for a lawful purpose is based on a valid offer and an acceptance, be it conditional or express or implied, it becomes a valid contract. Generally, the workplace or employment relationship between an employer and the employee is an implied contract that can either be verbal or written, or can even be both. However, when it is a written contract comprising of certain specific terms and conditions and accepted by both the employer and the employee, it becomes an Expressed Contract. So, there is no necessity for a law to create an obligation on the part of the employee to serve the entire length of the notice period in the event of his resignation, which is a unilateral termination of the very contract of employment. But, if it is so mentioned in the contract of employment without providing for an alternative, such as buy-out, the employee has no option other than compulsorily serving the entire notice period, and the employer is entitled to exercise his discretion to accept the resignation submitted and formally relieve him.
From India, Salem
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6185One of the objectives of law is creating preventive checks in human transactions and putting them in place in tune with the Principles of Natural Justice. If any agreement between two or more people for a lawful purpose is based on a valid offer and an acceptance, be it conditional or express or implied, it becomes a valid contract. Generally, the workplace or employment relationship between an employer and the employee is an implied contract that can either be verbal or written, or can even be both. However, when it is a written contract comprising of certain specific terms and conditions and accepted by both the employer and the employee, it becomes an Expressed Contract. So, there is no necessity for a law to create an obligation on the part of the employee to serve the entire length of the notice period in the event of his resignation, which is a unilateral termination of the very contract of employment. But, if it is so mentioned in the contract of employment without providing for an alternative, such as buy-out, the employee has no option other than compulsorily serving the entire notice period, and the employer is entitled to exercise his discretion to accept the resignation submitted and formally relieve him.
From India, Salem
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Dear, It is not required to work during notice period, maximum damage for the same is the notice pay in lieu of notice period, which the employee is ready to pay. Anurag Lakhotia Lexlabour.com
From India, Delhi
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From India, Delhi
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There is no law that can compel you to work during the notice period. Either you serve the notice period or pay the equivalent amount in lieu of the notice period.
However, your resignation can be rejected if there is an existing or contemplation of a domestic inquiry for any serious misconduct against you. Such conditions cannot compel you to work even if the resignation is not accepted.
From India, Kolkata
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However, your resignation can be rejected if there is an existing or contemplation of a domestic inquiry for any serious misconduct against you. Such conditions cannot compel you to work even if the resignation is not accepted.
From India, Kolkata
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Dear Sir,
We have engaged 4 vehicles through a travel agency. As per the agreement, the agency provides vehicles with drivers for transportation for our employees. I want to know what our legal liabilities are for the vehicle drivers under labor law. Are there any liabilities to pay minimum wages and PF for principal employers?
Regards,
Sandeep Satsangi
9992112044
From India,
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We have engaged 4 vehicles through a travel agency. As per the agreement, the agency provides vehicles with drivers for transportation for our employees. I want to know what our legal liabilities are for the vehicle drivers under labor law. Are there any liabilities to pay minimum wages and PF for principal employers?
Regards,
Sandeep Satsangi
9992112044
From India,
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Mr. Ritesh Maity,
You are a labor law advocate, but if you feel the stress that your point is correct and that there is no law that can compel you to work during the notice period, your concept should not necessarily be deemed to be a law of the land, particularly when your question does not reveal the most necessary facts about the terms & conditions of appointment.
But somehow, if you feel that there is no law that can compel you to work during the notice period, you are also obliged to point out the provisions of any law that states that the employee is not compelled to work during the notice period. In fact, in the absence of a discussion about the terms and conditions of appointment or any inconsistency in or invalidity of the employment agreement, your query itself becomes incomplete and vague.
From India, Delhi
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You are a labor law advocate, but if you feel the stress that your point is correct and that there is no law that can compel you to work during the notice period, your concept should not necessarily be deemed to be a law of the land, particularly when your question does not reveal the most necessary facts about the terms & conditions of appointment.
But somehow, if you feel that there is no law that can compel you to work during the notice period, you are also obliged to point out the provisions of any law that states that the employee is not compelled to work during the notice period. In fact, in the absence of a discussion about the terms and conditions of appointment or any inconsistency in or invalidity of the employment agreement, your query itself becomes incomplete and vague.
From India, Delhi
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Dear colleagues,
In the post, Mr. Ritesh has not included the notice period-related clause in the letter of appointment, which is crucial. Generally, terms and conditions regarding resignation and notice periods are as follows: An employee must provide written notice of their intention to leave or discontinue services. The minimum notice period is 3 months for all employees, except for those on temporary/contract basis or probation. Employees on probation or temporary/contract basis with a continuous service period of 3 months or more should give 14 days' notice.
If an employee gives a shorter notice period, the competent authority may accept the request on the condition of compensation not exceeding the Cash Component for the shortfall in the notice period. Following resignation, an employee is obligated to serve the entire notice period diligently and carry out their routine duties. Employees are entitled to pro rata leave during the notice period and will be relieved after submitting a No dues certificate obtained from the relevant departments, at least one week before the relieving date, to the HR department for processing their Full and Final payments.
The competent authority may waive the shortfall in the notice period only exceptionally. If these general terms are stated, an employee cannot leave by offering to pay the salary as compensation for the notice period shortfall.
It is imperative to acknowledge and appreciate a situation where someone defaults. The terms and conditions agreed upon in the appointment letter, signed by both the employee and management, constitute a legally binding contract. An employee who decides not to report for duty, intending to pay a notice pay without employer approval, is subject to prosecution for breach of contract. Such defaulters may be liable for damages claimed by the employer, if approved by the courts.
MY ADVICE IS TO SERVE THE FULL NOTICE PERIOD OR SEEK A WAIVER FOR THE SHORTFALL. ENSURE TO OBTAIN A RELIEVING CERTIFICATE GRACEFULLY.
Thanks and regards,
RDS Yadav Director, Future Instt. Of Engg and Management Technology and Labour Law Advisor Navtarang HR Services, navtaranghrs@gmail.com
From India, Delhi
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In the post, Mr. Ritesh has not included the notice period-related clause in the letter of appointment, which is crucial. Generally, terms and conditions regarding resignation and notice periods are as follows: An employee must provide written notice of their intention to leave or discontinue services. The minimum notice period is 3 months for all employees, except for those on temporary/contract basis or probation. Employees on probation or temporary/contract basis with a continuous service period of 3 months or more should give 14 days' notice.
If an employee gives a shorter notice period, the competent authority may accept the request on the condition of compensation not exceeding the Cash Component for the shortfall in the notice period. Following resignation, an employee is obligated to serve the entire notice period diligently and carry out their routine duties. Employees are entitled to pro rata leave during the notice period and will be relieved after submitting a No dues certificate obtained from the relevant departments, at least one week before the relieving date, to the HR department for processing their Full and Final payments.
The competent authority may waive the shortfall in the notice period only exceptionally. If these general terms are stated, an employee cannot leave by offering to pay the salary as compensation for the notice period shortfall.
It is imperative to acknowledge and appreciate a situation where someone defaults. The terms and conditions agreed upon in the appointment letter, signed by both the employee and management, constitute a legally binding contract. An employee who decides not to report for duty, intending to pay a notice pay without employer approval, is subject to prosecution for breach of contract. Such defaulters may be liable for damages claimed by the employer, if approved by the courts.
MY ADVICE IS TO SERVE THE FULL NOTICE PERIOD OR SEEK A WAIVER FOR THE SHORTFALL. ENSURE TO OBTAIN A RELIEVING CERTIFICATE GRACEFULLY.
Thanks and regards,
RDS Yadav Director, Future Instt. Of Engg and Management Technology and Labour Law Advisor Navtarang HR Services, navtaranghrs@gmail.com
From India, Delhi
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