employee forced to serve notice period


Can an employee, under any given circumstances, be forced to serve his notice period even though he is willing to pay for his notice period.

Experts, please suggest.

 
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Engineering

Hi..Notice term is based on the agreement that you would have signed while joining the job. If the terms mentioned that "I need to serve one month's notice term if I resign, else I will give up 1 month's salary in lieu of it"...this is what generally the terms are, then the person can without fear give up the month's salary and leave.

If the clause agreed upon was that he will compulsorily serve 1 month after resignation then he must.

These agreements are like contracts and should not be breached, to prevent any litigations. This is also legally valid while a "BOND" (compulsory employment for a definite term) is not legally valid.

So, you must check the agreement made at the time of joining the job. If there is no such condition mentioned then they cant force upon the same.

 
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FIN

You may refer to your appointment letter and terms of temination of service.

The terms should encourage equality.

If the employer has stated that employer can terminate without assigning any reason or notice or notice pay, but employee can not,

or employer can terminate by notice or notice pay in lieu of it but employee can not,

then the contact is heavily weighed towards employer.

However if you have any situation it is better to be smart, persuasive, and negotiate and concude it to the benfit of both paeries than to land up with complications and litigation.

However if there is no other recourse,you may show your docs to your lawyer/law firm and submit resignation:

-with cheque/DD of notice pay (basic/gross/CTC as defined in appointment letter and nothing is defined basic pay).

-or ask them to adjust notice pay in F&F and supply the same to you, so that you cans pay the difference if any.You should also demand your work experience certificate,form 16,NOC/NDC,PF accumulation reports, PF withdrawl/transfer forms,releiving letter etc......by registered post.

Sumit company property and obtain receipt.                                               

 
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Consultant & Legal Analyst

Company cannot compel the employee to serve, if the employee is willing to compensate the company by paying notice period pay, if provided in the conditions of appointment.

 
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