You cannot be compelled to serve notice period
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- เผยแพร่เมื่อ 6 ต.ค. 2024
- You cannot be forced to serve notice period
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Even though companies across the world are coming up with people's friendly policies, there is always a small section of employees who like to take advantage of the same. Often employees leave organizations without serving notice in the lure of better chances elsewhere. But this is only a short term advantage. Barring some countries, most good organizations require a ”service or relieving certificate” as proof of employment.
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The signed and stamped ” Letter of Appointment” between an employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organizations have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.
www.fastracklegalsolutions.com
Nice to know 🌟🌟🌟
What if company do not give us experience letter??& do not give date of exit in pf
You can approach the court of law if they do not give date of exit in PF and are denying the leaving certificate
I have give medical reason for not service 90 days notice period,they are still forcing me to serve. Do i have any rights
awesome info
Glad you think so!
I want to resign from one company but they are saying u have to serve one month notice period
ofter 6months notice period ofter leave the company
so if i not serving any notice period and not compensate any money with the company.. so they can take Any legal action.. is there any law in labor law which say i that employee is bound to serve notice period.. or company just making there own rules
Is there any supporting judgement?
Sanjay Jain v. National Aviation Co. of India Ltd., (2019) 14 SCC 492 Resignation is the right of every employee. No one can force any employee to serve them in any case.
I have served one month of notice period and when to pay out the notice period still they are forcing me to do notice period what should i do??
Please write to them , that you are not in a condition to serve the notice period
Main ek mnc me join kiya hun 2 months back waha ka notice period hai 60 days par due to some emergency and I am still in the prohibition period so if I abscond can you please tell me the consequences?
In case of absconding they can charge you with legal liabilities , further if you have any company property with you like laptop mobile etc who are legally liable to return it .
Meri Company Ek month late salary deti hai aur performance k nam pe 5% salary deduct karti hai.
Situation ye hai ki mai resign karna chahta hu aur 1month notice period k liye bhi agree hu. Lekin company agreement me 3 month ka notice period hai.
Aur agar me resign du... To mera Previous month ka salary, notice period ka salary aur 5% vala 1.5 year se kata hua paisa.. Sab hold kar denge.
To aesi situation me minimum loss k sath kese nikle?
Your company is delaying your salary by a month and deducting 5% in the name of performance. You want to resign and are even agreeing to a 1-month notice period, but the company's agreement specifies a 3-month notice period. If you resign, they will withhold your previous month's salary, notice period salary, and the 5% deducted over 1.5 years. So how do you get out of this situation with minimal loss?
Potential Solutions:
* Carefully study the company's rules.
* Talk to HR and try to reach an agreement.
* Consult a lawyer.
* File a complaint with the labor commissioner.
* Start looking for a new job.
* Be financially prepared.
Disclaimer: This information is for general knowledge only and should not be considered legal advice.
@@fastracklegalsolutions Thank you sir
Hi
help me information sir
Mere company to 3 month ka notice period karne ke bad resign karne dega yeh bol rha hay kya karu sir???
I just put my resign with last possibile working day. They are trying to stop me by threatening in all possible ways of legal action but they actually can not stop me at last they will ask for recovery to showcase in their accounts department ultimately they dnt have other options.
Yes can put your rehiring as no for future
hii sir