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Paritosh   31 May 2016

Forced to serve notice period of 90 days

Hi Experts, 

My wife was working with the organisation for almost 2 years. She was on a so called On job training (Transition of work from one country to another) in China and from there, She raised the issue of mental harassement and unprofessional behaviour of her manager to the organisation. fed up of this, she started searching for a job and My Wife resigned from my service on 29th April 2016 and informed my organisation that she will be serving  notice period of 60 days from the date of resignation. Her (female) Manager refused to accept the 60 days as notice period and started harassing my wife. the issue was escalated to HR and other seniors but nothing happened. Based on this, we stated to employer that we can not bear with this harrasment and will serve notice period of 30 days only which is maximum as per the law of the land. HR stated that we can do what eer we want to and can go leagal to address this.. We served a legal notice to the organisation. In reply to that they served us the leagl notice also stating that my wife is not performing her duties and trying to create loss fo organisation intentionally and this is criminal. Plus mentioning  that there are desciplinary issues as she refused to comply with notice period time plus indicating that incase this goes for a case she will not be able to join her next company....

 

Her appointment letter states: "Your appointmentmay come to an end at the instance of either party by giving the other a notice in writing for three months. Your relieving from the services of the company would be contingent upon succesfull serving of full and complete notice period Failing to which would entitle the company to recover damages for all losses caused due to shortfall in serving of full and complete notice period. The company in addition to its rights to recover damages will not furnish relieving letter in case of shortfall in notice period unless such shortfall has been signed off by the appropriate person in the company. In exceptional situations the company reserves right to waive off notice period at its sole descrition. Company reserves the right to terminate your employment without notice on grounds of breach of policy, misconduct or where your performance has been found to be unsatisfactory"

 

 

Currently we are at a point where we are being harrased at work, point of loosing new job, threatened that no relieving letter will be given.... Please suggest if the clause in the haryana shops and establishment act about 30 days notice period will apply in this case. Else what can we do.. company can come up with any XYZ amount as damages as she was in china (1 month) for work.

Please help :(



Learning

 2 Replies

Ritesh Maity (Labour Law Advocate)     31 May 2016

Your appointment letter states that you are required to serve 90 days notice period. So you have to either serve 90 days notice period or to pay the equivalent amount for the period. (or serve 30 days notice period and pay 60 days notice pay) At no point of time and for whatever reasons your company can force you to stay in employment with them. However, the term related to recovery of damages for not serving the notice period does not hold any ground. Since you have already serve legal notice and there were communications between you and the company, it will be advisable to consult your advocate and proceed carefully as per his advice. 

Kumar Doab (FIN)     31 May 2016

Similar query was discussed at:

 

https://www.lawyersclubindia.com/forum/Am-i-legally-bound-to-serve-3-months-notice-period-in-haryan-133288.asp

 

Deputation, Transfer, on tour etc are part of service conditions.

She can seek refuge in  shops and establishment act only if she is covered by the def. of 'Employee' as in the Act.

The allegation of having caused damage/loss may have to be proved.

 

Engage a very able counsel specializing in labor-service matters.

 


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