Can my employer force me to work after notice period?

The Company cannot force you to serve the entire notice period. The compensation would be to the extent of salary to the number days that you are desirous of waiving the service of notice period. Contract of Personal Service cannot be enforced.

Can I refuse to work during notice?

An employee that refusing to work the notice period detailed in their contract is technically in breach of their contract and they should be reminded of that. However, the only immediate consequence is the employer does not have to pay the employee for any part of the notice period not worked.

Can an employer force you to work after resignation?

1) There is no way that the company can force you to serve the full notice period. 2) The clause in the employment agreement usually states “ninety days’ written notice or three (3) months’ gross salary in lieu thereof”. Therefore if you are willing to pay the company should not raise any objections.

Do we need to serve notice period after termination?

If an employee has been with the company for more than three months but less than a year, the employer needs to give at least 14 days of notice. The notice is not necessary if the employee is being terminated for misconduct.

Can an employer require 30 days notice?

An employer cannot force an employee to work. Conceivably, if the 30 day notice period is part of a contract, the employer can claim breach of contract, but it would be very difficult for the employer to prove damages.

Is it compulsory to serve notice period?

NO, company cannot force an employee to serve notice period, if the terms of employment clearly mention “pay in lieu of notice”. Please send them a formal letter mentioning employment clauses with respect to notice period, before approaching labour officials.

Is a 12 week notice period enforceable?

An Employment Tribunal can order that you should be entitled to more than 12 weeks notice because it is “reasonable” in that particular industry. For example, it may be that for senior managers in a certain sector, the usual notice periods are 6 months. It is rare, however, for a Tribunal to make such a finding.

Is there a legal notice period for termination of employment?

There is no legal notice requirement. Employment is at-will unless you signed an employment contract which includes a notice provision. Be careful to not fall out of status upon termination of your employment.

Can a court force an employee to work their notice period?

Courts are unlikely to force staff to work their notice period. Equally, if you breach the employment contract, an employee might not need to work their notice period. With a PILON clause, you can end the employment before your leaver serves their notice, but you must pay them for their full notice period.

Can an employer make you stay away from work during notice?

The employer may require the employee to stay away from work during the notice period. In employment terms, this is known as ‘garden leave’ and is often used to stop employees working for competitors for a period of time or prevent the employee from accessing sensitive information.

How to terminate an employment contract with an employee?

If you want to terminate the employment contract, you must give notice to the other party in writing in the form of a letter of termination or resignation. The notice period must be the same for the employer and employee.