Response

A Contract of Personal Service, according to the Specific Relief Act, cannot be enforced in a Court of Law, which means that if an employee departs before the Notice time, the Employer may only collect the Notice pay.

No employer may make an employee finish the notice period; it is the employee’s responsibility to finish the notice period in order to get his full pay and the relieving letter.

You have the option of providing notice or accepting money in lieu of notice to leave your employment.

The policies and procedures of the company are the extra features.

Every person in India has the basic right to select his or her career, and any agreement that contradicts this is null and void.

It is against the requirements of the Indian constitution to include a phrase in the service rule stating that it is up to the firm to accept or reject the notification.

As a result, the firm can’t intimidate you by displaying this clause.

You cannot be forced to serve the whole notice term by the Company.

As a result, you can only quit without serving the notice period if you elect for a notice-period buyout.

It’s legally a breach of the employment contract if you leave your job without giving notice, and it might put you in legal trouble.

Reference: Section 14 in The Specific Relief Act, 1963
14. Contracts not specifically enforceable.Ñ
(1) The following contracts cannot be specifically enforced, namely:Ñ
(a) a contract for the non-performance of which compensation in money is an adequate relief;
(b) a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the court cannot enforce specific performance of its material terms;………

202100334-20210041-11394

LAWAYZ-2023-272