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Company not allowing me to serve notice. Can company do this?


21-Mar-2023 (In Labour & Service Law)

I am working in an MNC. Recently company decided to demolished my post and asked me to resign. I have 2 months notice period to serve as per appointment letter, but company authority forcing me to resign from immediate effects without disclosing any reason.

I want to serve my notice period to avoid any gap which might hamper my chances for another job I am looking for.

Could company have any right to not allow me to serve notice period?

Answers (1)

Answer #1
323 votes

You should first and foremost make a request to the Company to grant you a experience certificate saying that you were in service till the last date of your 2 months notice period.

You should also request the Company to pay you the salary for the notice period waived at the Company's insistence. 

In our opinion, if the Company pays you for the notice period waived, you should not deliberately persist on serving the notice period, as it may unnecessarily hamper your relationship with the Company and your employment certificate.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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