Can a company compel you to serve a notice period?
Even though companies all over the world are implementing people-friendly policies, there is always a small percentage of employees who take advantage of the same.
Employees frequently leave companies without notice in search of better opportunities elsewhere. However, this is only a short-term benefit. With the exception of a few countries, the majority of good organizations require a “service or relieving certificate” as proof of employment.
In a court of law, the “Letter of Appointment” between the employer and employee that has been signed and stamped is a legitimate document. If an appointment letter explicitly states the terms of termination and notice and the employee signs the letter, then the employee is bound by the terms. The majority of companies, though, have a “lieu of” requirement.
Usually, it is possible to waive the notice period “in lieu of” a pay deduction. And the majority of employees take advantage of that choice by negotiating over the difference with the rival company. There are always exceptions, but no ethical corporation should be able to have an employee serve the notice unless there is an urgent business requirement, either the individual denies “notice pay,” or the employee has obtained monetary assistance.
According to the Specific Relief Act, a Personal Service Contract can’t be strictly enforced in a Court of Law, which implies that if an employee leaves before the Notice period, the Employer can only recover the Notice pay. No employer can compel an employee to serve his or her notice period; it is the employee’s responsibility to serve his or her notice period in order to receive his or her full wage as well as the relieving letter.
Giving notice or payment in lieu of notice are both acceptable ways to quit your employment. The additional aspects are the Company’s processes and policies. Every individual in India is guaranteed the fundamental right to pursue the career of his or her choice under the constitution, and any agreement that conflicts with this is void.
It is against the provisions of the Indian constitution to include a section in a service regulation stating that it is up to the corporation to decide whether to accept the notice or not. Therefore, the company cannot intimidate you by citing this clause. You cannot be compelled by the Company to serve the entire notice period.
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