Forcing to serve notice period
2 years ago
Company is forcing me to serve 90 days notice as there is no option for buy out and I am not able to work due to my father' s health and there are forcing me to serve with loss of pay.
A.Dear Sir,
You cannot forced to do work like that because every company must have mandatory buy out scheme. Your ground for exist is valid and it has to be honor by the employer. To resolve the issue you may approach office of Labor Commissioner.
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You cannot forced to do work like that because every company must have mandatory buy out scheme. Your ground for exist is valid and it has to be honor by the employer. To resolve the issue you may approach office of Labor Commissioner.
Rate me Five Star*
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.
If you find my answer helpful then kindly rate me.
The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay. No Employer can force an Employee to complete the Notice period, it is for the employee to complete the Notice period in order to take his full salary and the relieving letter.
If you find my answer helpful then kindly rate me.
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A.Hi,
You can leave the job by either giving notice or payment in lieu of notice. The Constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is the company’s discretion to accept the notice or not is against the provisions of the constitution of India. Hence the company cannot threaten you by showing this clause.
If you find my answer helpful then kindly rate me.
You can leave the job by either giving notice or payment in lieu of notice. The Constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid. By putting the clause in service regulation that it is the company’s discretion to accept the notice or not is against the provisions of the constitution of India. Hence the company cannot threaten you by showing this clause.
If you find my answer helpful then kindly rate me.
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A.They cannot force you to serve with loss of pay. If you serve they have to pay or else you don't serve. Ge it from them in writing or in mail that it will be paid notice period or else you are not going to serve the notice period. If they said this in a mail that they will not pay and you have to serve then they have committed a big mistake.
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