We have a three month notice period to be served on the company when we resign. There is also an option to pay for shortfall in notice. Can the company force the employee to work for the entire three month notice period without accepting notice pay for shortfall even after the employee offers to work for a reasonable time after notice(say, offered to work for one month and pay for the balance two months)? Can somebody please tell me regarding Sec.14 of Specific Relief Act?
The details of the clauses in Appointment Letter pertaining to resignation are as follows:
The appointment letter says \"It is also understood and agreed upon confirmation of your services: (i) The employment may be terminated by either party without assigning any reason by giving the other party three months notice or pay in lieu thereof
(ii) Notwithstanding anything to the contrary contained herein, misconduct on the part your part will entitle us to terminate your services without any notice or pay in lieu thereof\"
At another place it says that \"Yo shall be bound by the Company\'s Service rules and regulations as applicable to senior members of staff, save the terms and conditions explicitly specified in the contract of service, including any other rules and regulations that are in force from time to time.\"
Service regulations say that it is the discretion of the company whether or not to accept notice pay. In essence they can ask us to serve the complete notice period by rejecting the offer by employee to pay for shortfall in notice.
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Can company force employee to serve the full notice period
Dear Sai,
My reply is not based on the law . its simply based on the experience I have got by watching in the market.
Hope you get a good job and your current employer is not leaving you . due to many reasons. ( may be personnally problems with your manager or no alteration available or it may be bad intentions of the employer )
( It is assumed that you have discussued your problem with your employer and he is not in mood to leave you for his bad/personal benefits. )
In such a case go to the office and just spent time but dont work. care fully. do mistake one by one but never make any financial loss to your current employer )
Make a envoironement that the employer says hello buddy its time to go now.
Also never make bad terms with your current collouges in your office they all are your future assets.
Hope it will solve your problem.
Legally your Employer can not make you serve for three months as per the clause reproduced above.
But you should have that courage,patence and time to stand and fight with the employer.
kkm
I have worked in a financial services upto december 2017. Then I've submit my resignation kit in January 2017. But they are asking to settle notice period recovery and refused to make settlement. They are not ready to Send Relieving Order & Experience Certificate. What Can I Do?
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