Can Companies Force Employees to Serve Notice Period?


Many companies from all over the world are introducing new and friendly policies for their employees but there will always be some employees who are going to take these policies for granted. Frequently workers leave associations without serving notice in the bait of better possibilities somewhere else. Except a few countries there are many top and good companies which will ask for your relieving letter and that’s when the problem arises.

The letter of appointment provided by your company which is duly signed by both the employer and the employee is actually a very important document and is also legally valid in the court. The letter of appointment has everything that an employee needs to know. Starting from his designation in that company to all the rules and regulation, termination conditions, and more which is signed by the employee at the time of his recruitment and this make him follow the rules strictly. Although almost every organization site another condition which is known as “lieu of” meaning if an employee doesn’t wish to serve his/her notice period he/she can opt for a pay deduction. Exceptions will always be there, but in general no company can actually force its employee to serve the notice period, yes if the company has some sort of business need or if the employee has taken some advance from the company, then the employee might be asked to serve the notice period.

Under the Specific Relief Act, it has been stated that no employee can be forced to serve the notice period, the company can only recover the notice pay. It depends on the employee whether he/she wants to serve the notice period or not to get his salary and also the experience letter but otherwise he can’t be forced to serve the notice period.

What can be done while an employee wishes to leave a company is either by giving notice or make a payment of lieu against the notice. Government of India gives the fundamental right to every employee,it gives every individual the right to choose their profession. By putting the condition in the service regulation that it is organization’s prudence to acknowledge the notice or not is against the establishments of constitution of India. Thus, organization can’t debilitate you by demonstrating this proviso. The Company can’t force you to serve the complete notice period and this is certain.

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