Legal Question in Employment Law in India

Hi,

One of my friend is facing this issue , please help to clear.

In his company 90 days notice period , He have requested to relieve in 60 days but it seems management refuses to send him in 60 days , due to emergency case he need to go out immediately - He is ready to pay for notice period as well but they are not agreeing. its like forcing a employee to stay for 3 months when he is ready to pay .. Any solution for this?


Asked on 11/25/14, 2:37 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.11.2014

Dear Sir / Madam,

Any Company cannot forcefully persuade an employee to serve the entire notice period, especially when the duration of notice exceeds the normal period of 30 days. An employee has the option to pay up and settle the notice period not served by him to the Company. Sixty days is more than sufficient to complete all pending work on hand and pass on the charge to the reporting Manager in the Company. If the Company refuses to budge, your friend should simply stop going to work on completion of the 60 days. If the Company does not give your friend the full and final settlement of dues on the last date, your friend should straightaway serve a legal notice to the Company for settlement of dues.

Regards,

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Answered on 11/25/14, 2:45 am


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