Do I need to serve notice period it wasn't mentioned anywhere

768 votes

Sir, as you've mentioned that you have already sent your resignation letter. Now that ship has sailed and now your employer says that you have to serve a notice of 2 weeks before leaving. It appears that they may very well without your salary for the days you have worked. The only effective remedy that lies with you is to give a Legal Notice to your employer through Advocate in order to ensure and let them know that you are not going down without a fight and if it comes down to it, you will take it further and give them a legal battle. I have seen people getting relief from adamant employers in the corporate world just by sending a legal notice.

Advocate Puneet Srivastava LawRato

847 votes

Under the Specific Relief Act, a **Contract of Personal Service** cannot be specifically enforced by a court, meaning an employer cannot compel an employee to complete the notice period. However, if an employee resigns before completing the notice period, the employer is entitled to recover the notice pay, i.e., the equivalent salary for the notice period that was not served. Employers cannot legally force an employee to complete the notice period. It is ultimately at the discretion of the employee whether to serve the notice period or pay the equivalent salary in lieu of it. However, completing the notice period is often required to ensure the full settlement of dues, including receiving the final salary and a relieving letter. You may communicate this legal position to your employer and seek clarity regarding any outstanding payments or conditions for the issuance of your relieving letter and final settlement. Based on the employer's response, you can then make an informed decision about how to proceed.

Advocate Sukhpreet Kaur Bedi LawRato