What are the provisions under which a company may force employees to serve the notice period?


In a court of law, a signed and stamped ÒLetter of AppointmentÓ between an employer and an employee is a legally valid document. If the terms of termination and notice are clearly stated in an appointment letter and the employee signs the document, the employee is bound by the terms.

A Contract of Personal Service, according to Section 14 of the Specific Relief Act, 1963 cannot be enforced in a Court of Law, which means that if an employee quits before the Notice time, the Employer can only recover the Notice pay.

No employer can make an employee finish the notice period; it is the employee’s responsibility to finish the notice period in order to receive his full salary and the relieving letter. You have the option of giving notice or accepting payment in lieu of notice to leave your job. The policies and practices of the company are the additional elements.

Every person in India has the basic right to choose his or her profession, and any agreement that contradicts this is null and void. As a result, the company is unable to threaten you by displaying this clause. You cannot be forced to serve the entire notice period by the Company.

Reference: Section 14 of the Specific Relief Act, 1963



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