Without any notice period clause employer forcing to serve it

Hi, There is no notice period buy out clause in my contract and my employer is forcing me to serve complete 90 days notice. I have given medical reason for early relieving but they are not agreeing. What option do I have? I am ready to pay for the shortfall of notice period.

Answers (4)

121 votes

You have stated that there is no notice period mentioned in your employment contract with your employer. Therefore the employer cannot force you to comply with the notice period. Please share your contract papers as well.

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233 votes

Dear Concerned, In case of absence of notice period clause in employment contract , you need not to serve notice period. Further if their is any dues you may choose to leave the company and later ask them for dues through a legal notice. Please note all and everything you do in reference to your employee employer relationship should be in writing. BEST OF LUCK

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281 votes

If the contract doesn't expressly or implicitly provide for a notice period, it can't be forced upon the employee, particularly when the employee has a good reason for not doing so, A reasonable period of say 30 days can be asked for transition. When the contract is silent, no question arises for making payment for the non-existent notice period. A workman under the Industrial Disputes Act can make complaint under the Act. Others can initiate litigation in a civil court. However, the first step would be causing a legal notice to be issued.

106 votes

If there was no "notice period" clause you are not required to give any notice. Your employer is trying to harass you for which you can approach the courts. First get a legal notice made and sent to your employer stating that you are not under any obligation to serve notice and if the employer still continues to pressure you, you will approach courts. If the employer does not replies within receipt of 15 days of notice, you may approach the courts.

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