Response

The Indian Contracts Act, no contract can be enforced on any person if the contract which is being enforced causes any harm to the person on whom it is enforced and if performed, it would violate principles of the natural justice. Employment is also a sort of contract and should be treated in the same manner.

A company expects the employee to serve his full notice period, assuming he might have some responsibilities which need handover. If there is a non-compliance to such an expectation the company can claim damages and compensation from the employee. The company has a right to penalize the absconding employee.

As per Section 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wish or which is illegal or wrong as per the statute of Law of the land shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.

Reference:

2021007620210033996

LAWAYZ-2023-818