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Can a company force employee to serve the notice period
11-Jan-2023 (In Labour & Service Law)
Sir, I have been selected for a company and I have received an offer letter and they demanded my resignation from current company. i have joined the company on dt 12.9.15 the appointment letter does not contain probation period clause but they have called that every employee is on probation for 6 months and after six months they will be confirmed. When i tell them to wrote same thing in appoinment letter they denied and either you signed may give up. for sack of livelihood I force to sign. I have resigned on dt 10.09.16 but not able to serve 60 days notice period, and they are forcing me to pay the same. I am not able to pay the money. my 9 days salary is due and during my service period they have deducted 4 days in absence of leave balance as they do not grant leave during probation period. please advise.
The company can not force the employee to serve complete one month notice period if it was not mentioned in the offer letter and no service of agreement was signed to this effect by the employee. However, Private employment is governed by your employment contract.
For a specific answer to your question, and to look at what all option your have, your employment contract need to be looked into. Generally, there are 2 options available to every employee at the time of resignation.
Either you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter.
For a specific answer to your question, and to look at what all option your have, your employment contract need to be looked into. Generally, there are 2 options available to every employee at the time of resignation.
Either you can serve the notice period specified in the employment contract or you can pay your monthly salary for the notice period month(s) as mentioned in your employment contract / letter.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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1.what is your job designation? Are you migrating from one private company to another?
2. Were you/ are you a contractual/ temporary/ ad-hoc/ full time employee?
3.Is there anything in writing, given to you by your present employer, regarding a probation period? if not so, then you are deemed to be confirmed upon joining service, unless your employment contract or standing orders (copy of which must also be handed to you for perusal) specify otherwise.
4. Livelihood does not enter into the picture. You have chosen a better job offer (presumably) over your earlier job offer and they pearlier employer can only force you to pay the same by deducting from current month's salary... the other way of coercing you is for the employer to file suit for compensation and/or breach of employment contract, and usually employers don't bother with such legal hassles.
2. Were you/ are you a contractual/ temporary/ ad-hoc/ full time employee?
3.Is there anything in writing, given to you by your present employer, regarding a probation period? if not so, then you are deemed to be confirmed upon joining service, unless your employment contract or standing orders (copy of which must also be handed to you for perusal) specify otherwise.
4. Livelihood does not enter into the picture. You have chosen a better job offer (presumably) over your earlier job offer and they pearlier employer can only force you to pay the same by deducting from current month's salary... the other way of coercing you is for the employer to file suit for compensation and/or breach of employment contract, and usually employers don't bother with such legal hassles.
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Adv. Navaneet Baruah
Guwahati | 25+ Answers
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