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Company forcing to work after resignation is it legal
13-May-2023 (In Labour & Service Law)
I am working in service based enterprise. Few days back I resigned from company. As per rule I have to serve company for 60 days, then only I will be relived. My manager is not accepting the resignation saying that as per offer letter I have to finish my current project (Which may take year to finish) then only my resignation will be accepted. My filling is that they can provide replacement to me and I give handover of my work to him/her. So I want advice that is that illegal if I stop going to office after 60 days? Can I file case on company if they do not relive me?
From the facts stated, it appears that the Company's action are not lawful. No one can be compelled to work against his will, especially when you fulfilled the obligations of Notice period.
Now to give you proper legal advice we would like to look at your employment contract. It includes a buyout clause as well as per which you can pay the salary for the notice period and absent yourself from working in the said notice period.
Now to give you proper legal advice we would like to look at your employment contract. It includes a buyout clause as well as per which you can pay the salary for the notice period and absent yourself from working in the said notice period.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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What happens if you resign without notice?
If the person is leaving, they should reach an agreement with their employer to avoid working all or part of their notice. Someone who leaves their job without first discussing it with the employer could be in breach of contract. 12-Jul-2023
Can I be jailed for not serving notice period?
The management may initiate legal proceedings to recover the equivalent of the notice period if you do not serve the notice period, or pay the equivalent amount in lieu thereof. If you specifically have not served your notice period, employers have no other rights against you.
Can I resign immediately without notice period in India?
Workers in India are allowed to quit their job at any time. They are still required to give notice if their contract of employment or company policy requires it. In some cases, an employee may be required to resign immediately and without notice, for example, if there is harassment, discrimination or medical concerns.
Is there any law against notice period?
Karnataka Karnataka S E Act 1961 section 39(1) prohibits employers from removing or dismissing an employee who had been in continuous service for at least six months. This is except in cases of reasonable cause, and unless he has given him a months notice in advance or compensation in lieu of it. 13-Aug-2022
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