Being forced to serve 60 days notice period otherwise buyout

Oct 26, 2025 112 views 3 answers
Contract Law
Anonymous
Oct 26, 2025
Contract Law
► Is there any law that can protect me from serving unnecessary 60-days notice period. I have been in company for just 45 days when i resigned serving 15 days notice period as mentioned in their employee handbook. Now they are forcing me to serve 60 days notice period saying its what i have signed under consulting contract.
112 views
3 answers

3 Answers

Oct 27, 2025

Check your service agreements with company in order to ascertain the position. Otherwise, nothing wrong on part of company if such terms are in agreement. such service agreements and bonds furnished by employee are legal and are valid in law and are enforceable also. you have no option but to either serve the notice period or to buy the notice period. 

Oct 27, 2025

Dear Sir,

You mentioned you’re under a “consulting contract” but also referred to an employee handbook. The legal protection depends on whether your engagement is:

Employment (Contract of Service) → covered by labour laws such as the Shops & Establishments Act, Industrial Disputes Act, etc.

Consultancy (Contract for Service) → governed primarily by Indian Contract Act, 1872, and not by labour laws.

If the company controls your work hours, attendance, reporting, etc., you are an employee in substance, even if the agreement is titled “consulting contract.” Courts look at the actual nature of the relationship, not just the wording.

Oct 27, 2025

Dear Sir, as per your query,

 

We need to check and review your Consulting Contract/Agreement for the clause related to ‘Notice Period’. Only after that can our OLQ Team provide a detailed consultation to you. 

 

Feel free to contact our OLQ Team for a detailed discussion. 

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