Q: Can the employer force the employee to render 3 months notice, even if the employee is willing to pay the visa fees and only render one month? A: The employee should serve the notice period as per the labour contract. The employer cannot force the employee to work for more than what is mentioned…

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Forceful application of notice period beyond one month

Hi Anita,

Can the employer force the employee to render 3 months notice, even if the employee is willing to pay the visa fees and only render one month?

Can the employer file absconding case against the employee for not taking 3 months notice?

Anitha Rajeev

Al Nassar Advocates & Legal Consultants

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29 Jan 2019, 12:06

Dear Questioner,

Thank you so much for keeping in touch with me.

The employee should serve the notice period as per the labour contract provisions. The employer cannot force the employee to work for more than what is mentioned in the contract.

If the employer compels to work more than what is mentioned in the contract, the company cannot put an absconding case against the employee.

Please contact me at 0556635526 or WhatsApp me on 0508575526 if you need any further clarification or explanation.

Regards,

Anitha Rajeev

29 Jan 2019, 12:14

What if the employee is willing to pay any fees mentioned on the contract if the 3 months' notice is followed. Can the employer still file legal action against the employee?

29 Jan 2019, 12:23

No. The employer cannot take any actions if the employee follows everything mentioned in the contract.

29 Jan 2019, 12:37

So they cannot really force an employee to complete 3 months if the employee is willing to pay the visa fees as mentioned in the contract?

Can the employer decline to that request?

Really appreciate your help, Anitha. All the best.

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