About 90 days notice period serving
1 week ago
Actually I ve resigned in an organisation and asked for early relieving but the HR refused to provide an early relieving
HR responded as there is no buyout or payout option also , you(employee) must serve 90 days post resignation
Can you please guide me is there any legal process we have so that I can get an early relieving
If an employee breaches the terms of a contract, they can face legal consequences from the employer. However, if the employer's actions are discriminatory or in bad faith, Section 27 of the Indian Contract Act, 1872 can be invoked to challenge them. This section prohibits agreements that restrain trade or profession. Any terms in an employment agreement that compel the employee to serve the employer or restrict them from joining competitors are not valid under Section 27. If the employer can prove the employee intends to disclose trade secrets by joining a competitor, the court may issue an injunction. Section 73 of the Act allows for unliquidated damages, while Section 74 deals with liquidated damages. Compensation is only awarded if the breach results in actual loss or damage to the employer. If you're a workman under the Industrial Dispute Act, you can serve a legal notice to the company and file a complaint with the State Labour Commissioner to address unfair labor practices.
A.Dear sir
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
The breach of any terms and conditions of any contract makes the defaulter employee liable to face legal consequences from the employer. But, a discriminatory or mala fide action of the employer, can be challenged by invoking Section 27 of the Indian Contract Act, 1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement or contract of employment will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 of the Act deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. or 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, in the prevailing situation, if you are a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, you need to visit the office of the State Labour Commissioner concerned to file a complaint against the employer over alleged unfair labour practice to resolve the grievance. In case you are holding the position of Manager/Administrative Officer in the Company, you have to file a civil suit before the Civil Court for appropriate relief.
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