Anonymous (HR) 24 December 2021

90 days notice period woes

I have resigned from my company and can serve only 1 month of notice period and I’m willing to pay for the remaining two months but my company is not agreeing to give me early relieving stating that they are yet to hire my backup.

The company clause says the below:
“In case of any shortfall in the notice period, an equivalent sum is recovered from the Employee at the
rate of the last basic salary drawn by the Employee at the time of separation. The Company, however, reserves the right not to accept payment in lieu of notice and at its sole discretion can enforce the notice period.”

I want to understand the last three lines of the clause.
Can the company enforce the notice period? Isn’t that forcing an employee against his/her wishes?

Reply Follow

1 Replies

Aryan Raj 24 December 2021

In response to your query,

A Contract of Personal Service, according to the Specific Relief Act, cannot be enforced in a Court of Law, which means that if an employee departs before the Notice time, the Employer can only recover the Notice pay. No employer may make an employee finish the notice period; it is the employee's responsibility to finish the notice period in order to receive his full salary and the relieving letter.

You have the option of giving notice or accepting remuneration in lieu of notice to leave your job. The policies and procedures of the company are the supplemental components. Every person in India has the fundamental right to select his or her career, and any agreement that contradicts this is null and void. It is against the provisions of the Indian constitution to include a section in the service rule stating that it is up to the corporation to accept or reject the notice. As a result, the corporation can't frighten you by displaying this clause. You cannot be forced to serve the entire notice term by the Company.

Regards,

Aryan Raj