Legal Question in Employment Law in India

Notice Period

Hi Lawgurus,

Again, i have a question regarding notice period:

In my appointment letter, it is stated that either party can terminate the service with a notice period of 3 months.

No where have they mentioned that it can be exceeded.

My friend is serving a notice period of 3 months, of which 2 months are over. Now, the project team is asking him to stay for 2 more months (1 month more than notice period) or else they wont give him the Relieving letter.

Can this act be considered as an act of forcing an employee to work for an organization?

If yes, then what legal action can be taken to prevent this?

Kindly help!!!!


Asked on 7/30/07, 11:57 pm

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Notice Period

have you signed any contract?

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Answered on 7/31/07, 3:30 am

Re: Notice Period

It is a blackmailing tactics.They can not force you.It is upto you to decide as whether to accept or reject their proposal.You may approach the court in case of necessity.

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Answered on 7/31/07, 7:15 am


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