Termination of Service

GAURAV NAYAR (Querist) 05 August 2011 This query is : Resolved
Hi, Can please anyone enlighten me with the fact that whether an employer can ask its employees to serve the notice period and would not allow salary in lieu of the same for early exit.

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prabhakar singh (Expert) 05 August 2011
legally can not but practically can .

ajay sethi (Expert) 05 August 2011
mr singh is right

GAURAV NAYAR (Querist) 05 August 2011
Hi,
Can you please elaborate as to how can we implement the same "practically" but not legally.

prabhakar singh (Expert) 05 August 2011
yes,you want to quit by surrendering salary but they delay in giving you grace full exit by not providing you the desired and wanted relieving letter to you well with in time.

Ajay Bansal (Expert) 05 August 2011
Agreed with prabhakar.

Guest (Expert) 06 August 2011
Are you asking this question as or on behalf of the employer or the employees?

GAURAV NAYAR (Querist) 06 August 2011
Dear Mr. Dhingra,

I am asking this question from the employer's point of view.

Kirti Kar Tripathi (Expert) 06 August 2011
Legal position of law is that a contract between employer and employee is a contract personal service and a personal service contract can not be specifically enforced. thus an employer can not force an employee to continue the employment against his wishes. However, he can clam damages and compensation for breach of contract, for which he has to invoke jurisdiction civil court by filing a civil suit.

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