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Remedy if forcing to work for full notice period even if ready to buy
20-Sep-2023 (In Labour & Service Law)
I am working in IT company as a Software Engineer and located at client side I have resigned on 20 September 2017 and want to join new company in 2 months but my current employer is not willing to leave me even if I am ready to complete 2 months notice(with proper handover of projects) and ready to pay for reaming notice period.
You can leave the job by either giving notice or payment in lieu of notice. The relations between the employer and employee are primarily governed by the Appointment Letter. The Company's policies and procedures are the supplimentary aspects. 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 company's discretion to accept the notice or not is against the provisions of constitution of India. Hence company can not threaten you by showing this clause. The Company cannot force you to serve the entire notice period
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Adv. Surendra Sonawane
Nashik | 25+ Answers
CONTACT NOW
as per your service conditions you have given prior notice or notice pay to your employer. then company has to releve you otherwise you shaLL APPROACH TO POLICE STATION ABOUT THE FORCE DONE BY MANEGMENT . LASTLY YOU MAY MADE A PETITION TO LABOUR COMISSIONAR .
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