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Cannot serve notice period due to marriage plans
09-Feb-2023 (In Labour & Service Law)
I am working for a IT company. I have resigned currently. the notice period is 3 months. but due to marriage plans i wont be able to serve the notice period. currently i am not into any project. am on bench. theres no work dependency. but HR is not ready to release me. she is not approving me for pay back option as well. I have pasted the policy below. Can you guide me with this. Is the policy baised towards the employer
Policy Details
Notice Period
The period of probation in respect of all employees shall be 1 year (unless specifically communicated).
◦The notice period applicable to all bands of employees will be 3 months (90 days)
◦Your employment with the Company can also be terminated either by the Company or by you by giving the other party three months advance notice. If the Company terminates the employment and decides to relieve you before the completion of the notice period, the ”Basic? component of the salary for the balance notice period would be paid to you. If at your
Article 19 of Indian Constitution talks of fundamental rights, as per the Article 19 the Constitution the write work is a fundamental right, and under no circumstance does the Fundamental rights under Article 19 be waived by any person nor can any person be forced to do something that amounting to the violation of the rights mentioned under Article 19.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you.
Incase you do not want to work in the company, then you can resign from the company and in the said resignation mention about the illegitimate deduction from your salary.
Thereafter, if the fail to pay your salary then you can send a legal notice through a lawyer. If despite legal notice they fail, then you can file a suit for recovery and compensation for mental harassment.
As per the Indian Contract Act contracts entered between two parties if is one sided then such contract would be null and void. Most of the Bonds are one sided.
Again as per the Indian Contract Act no contract can be enforced on any person if the contract which is being so enforced causes any harm to the person on whom it is enforced and if performed would violate principles of natural justices.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will, just because he has signed a contract with the employer.
However, if the company has spent on your training then they are liable to recover that cost from you.
Incase you do not want to work in the company, then you can resign from the company and in the said resignation mention about the illegitimate deduction from your salary.
Thereafter, if the fail to pay your salary then you can send a legal notice through a lawyer. If despite legal notice they fail, then you can file a suit for recovery and compensation for mental harassment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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