without notice period and full weaver

Dear Client,

Your case shall be regulated under both the contract of employment between you and your employer, as well as The Shops and Establishments Act (Tamil Nadu). Under The Shops and Establishments Act, the employer shall give 30 days notice to his/her employees that have been continuously employed for six months. There is no requirement for notice from the side of the employee. The statutory obligation for notice under Tamil Nadu law is primarily cast on the employer, not the employee. If your employment contract specifies a notice period from the employee's side, that is a contractual term and technically enforceable, but read together with the Tamil Nadu Act, the position is more balanced than many employers present.

The Supreme Court has held firmly in Sanjay Jain v. National Aviation Co. of India Limited that no one can be compelled to serve against their will, and resignation is the right of every employee. For a government job requiring immediate joining, this principle carries even more weight. The Indian courts have ruled in favor of the contention that an individual's legal right to become part of a government job should not be hampered by any clause in his contract with a private firm relating to a notice period.

I would suggest that you write a formal email to your HR/management telling them that you have received an official order from the government to report for work immediately, and based on the principle of public interest as well as the Shops and Establishments Act of Tamil Nadu, you have resigned forthwith. Offer to return all company property and complete any essential handover. This puts your position on record professionally and protects you from any claim of abrupt abandonment. The company may issue warning letters and your best recourse will be to respond to each in writing. They cannot legally prevent you from joining the government job through mere letters.

I hope this helps, and if you have any further issues, do not hesitate to contact us.

Dear Sir,

In practice, many MNCs do consider waiver or reduction of notice period when an employee is selected for a Government job, especially where immediate joining is mandatory. Since you have already informed HR and they have escalated the matter to top management, that is the proper procedure.

Normally, there are three possibilities:

1. The company may grant full waiver of notice period and relieve you immediately without recovery.
2. The company may ask for partial notice pay recovery.
3. The company may insist on full notice pay in lieu of notice period.

Under Indian labour law, an employer generally cannot force an employee to continue working against his will. At most, the employer can recover notice pay if such a condition exists in your employment contract. They cannot compel “specific performance” of personal service in most private employment cases.

Dear Client,

There is no general statutory right that forces your MNC to release you immediately without notice or without recovering any notice‑period dues, unless your employment contract itself allows for early release or waiver. In private sector employment, the notice period is usually governed by your offer letter/appointment letter and company policy, not by a specific “immediate release” law. If your contract says 30 or 60 days, you are expected to serve it or pay out in lieu, unless the company agrees to waive or reduce it. However, you can explain to your HR that you have secured a government job and request them to treat it as an exceptional case and waive or shorten the notice period and not insist on a “buy‑out” payment. This is discretionary and not a legal right. If they still insist on full notice or pay‑out, you can either negotiate or proceed on resignation with full notice, because abrupt leaving without permission may allow them to withhold full and final settlement or relieving documents.

I hope this helps and if you have any further issues do not hesitate to contact us.