My appointment letter says 90 days salary in lieu of notice in case of resignation, & in case of illness employer can terminate by giving base salary , & in case of misconduct employer can terminate without giving notice or base salary.
Question is:Employer recover the notice on gross salary but gross is not mentioned in letter and I am not accepting this & there is delay in my f&f due to this .
Can i send legal notice due to this.
Pls advise.
Thanks in anticipation.
From India, Bangalore
Question is:Employer recover the notice on gross salary but gross is not mentioned in letter and I am not accepting this & there is delay in my f&f due to this .
Can i send legal notice due to this.
Pls advise.
Thanks in anticipation.
From India, Bangalore
The legality of notice period in the contract of employment depends on the status of the employee. If you were in a managerial capacity (not merely due to your designation but based on functions you have been discharging) you will have to follow the terms of contract. Therefore, before proceeding we should know your functional responsibilities. However, putting different interpretations for salary in the contract will make the contract weak.
Regards,
Madhu.T.K
From India, Kannur
4193Regards,
Madhu.T.K
From India, Kannur
Notice period buyout is generally on gross basis
That is the general practice.
In this case, base salary is specially mentioned in case of illness. The assumption is that it is gross in other cases.
Obviously if the letter says a specific thing for each condition and you have accepted it, the it applies to you had has a legal binding effect. On what basis will you send a legal notice. If you do, the company will simply hand it over to their lawyers and not bother to give your f&f. Lawyers will take their own sweet time and will find hundreds ways to deny your claim
From India, Mumbai
That is the general practice.
In this case, base salary is specially mentioned in case of illness. The assumption is that it is gross in other cases.
Obviously if the letter says a specific thing for each condition and you have accepted it, the it applies to you had has a legal binding effect. On what basis will you send a legal notice. If you do, the company will simply hand it over to their lawyers and not bother to give your f&f. Lawyers will take their own sweet time and will find hundreds ways to deny your claim
From India, Mumbai
Dear Robin
Whatever clauses are mentioned in the Appointment letter was given to you well in advance i.e. at the time of joining the company and you must have accepted the terms by duly signing them. You have not raised your voice that time or clarified or rectified the clause of appointment letter, now when you are leaving the company you are raising the voice of concern. As mentioned by Banerjee even if you take legal step the judgement will take its own due course of time and you will be held up till then. The choice is yours.
From India, Ahmadabad
Whatever clauses are mentioned in the Appointment letter was given to you well in advance i.e. at the time of joining the company and you must have accepted the terms by duly signing them. You have not raised your voice that time or clarified or rectified the clause of appointment letter, now when you are leaving the company you are raising the voice of concern. As mentioned by Banerjee even if you take legal step the judgement will take its own due course of time and you will be held up till then. The choice is yours.
From India, Ahmadabad
Laws are for compliance and if we take it very lightly saying that it will take long time to find a solution we will not find a solution. And if we are to settle down simply on the time factors involved in litigation then why should there be law?
In my opinion based on the facts the employee should file his grievance before the competent authority, first by approaching the HR/IR department of the company and then by representing before the conciliation machinery. But the primary thing to be made available to us is that whether the employee was working in managerial capacity or not. In the latter case, it will be the Industrial Disputes Act which will supersede the contract of employment.
Regards,
Madhu.T.K
From India, Kannur
In my opinion based on the facts the employee should file his grievance before the competent authority, first by approaching the HR/IR department of the company and then by representing before the conciliation machinery. But the primary thing to be made available to us is that whether the employee was working in managerial capacity or not. In the latter case, it will be the Industrial Disputes Act which will supersede the contract of employment.
Regards,
Madhu.T.K
From India, Kannur
To:Madhu T.K
I was working as Assistant Manager in the role of bill verification of our contractors in a construction company..
I file my grievance to HR department , but they are insisting on gross .
As per my opinion regarding in the event of termiantion with a reason of misconduct , company will not give me notice or base salary So, from this clause this clears if termination is done without reason they will give notice or base salary . Therefore if they give base salary on termination my recovery will also be on base salary due to equality law..
Pls advise...
Regards
Robin.
From India, Bangalore
I was working as Assistant Manager in the role of bill verification of our contractors in a construction company..
I file my grievance to HR department , but they are insisting on gross .
As per my opinion regarding in the event of termiantion with a reason of misconduct , company will not give me notice or base salary So, from this clause this clears if termination is done without reason they will give notice or base salary . Therefore if they give base salary on termination my recovery will also be on base salary due to equality law..
Pls advise...
Regards
Robin.
From India, Bangalore
To:SaswataBanerjee
This is also mentioned that in the event of termination with a reason of misconduct , company will not give me notice or base salary So, from this clause this clears if termination is done without reason they will give notice or base salary . Therefore if they give base salary on termination my recovery will also be on base salary due to equality law..
Pls advise ...
Regards
Robin.
From India, Bangalore
This is also mentioned that in the event of termination with a reason of misconduct , company will not give me notice or base salary So, from this clause this clears if termination is done without reason they will give notice or base salary . Therefore if they give base salary on termination my recovery will also be on base salary due to equality law..
Pls advise ...
Regards
Robin.
From India, Bangalore
Actually, equality in law is a fiction and rarely happens.
Doctrine of natural justice does not cover it either.
From what you have told (access to the original letter would help, but not advisable on an open forum), they have said in even of resignation you have to give notice or salary in lieu of notice pay, in case of termination in normal course, salary for notice period and in case of termination for sickness, they will pay base salary only (note, its not basic + da).
In case of termination for misconduct, no salary or notice pay is payable.
so the salary at base pay only applies in case of termination on account of sickness.
In all other cases it will be at gross pay rate.
At least thats the way i see it from the limited data available.
In this case, there is no appeal available to you as there is nothing in law that governs this. So you may have to agree to what the HR dept says and complete your exit formalities
From India, Mumbai
Doctrine of natural justice does not cover it either.
From what you have told (access to the original letter would help, but not advisable on an open forum), they have said in even of resignation you have to give notice or salary in lieu of notice pay, in case of termination in normal course, salary for notice period and in case of termination for sickness, they will pay base salary only (note, its not basic + da).
In case of termination for misconduct, no salary or notice pay is payable.
so the salary at base pay only applies in case of termination on account of sickness.
In all other cases it will be at gross pay rate.
At least thats the way i see it from the limited data available.
In this case, there is no appeal available to you as there is nothing in law that governs this. So you may have to agree to what the HR dept says and complete your exit formalities
From India, Mumbai
The question of termination on the ground of misconduct does not arise because such termination is not maintainable if it is done without conducting an enquiry. Moreover, since you have resigned the matter cannot be otherwise. Here the contradiction is that from the employer part it is basic salary and from the employees' part it is gross and that interpretation is invalid and cannot be accepted. One should have accepted the offer at the time of joining a company but if the terms of the offer or contract itself is found to be wrong at a later stage it can be challenged.
An Asst. Manager having given functional rights of supervising the works of others will not come under the purview of ID Act. But if the designation is only a fancy one, but at the same time the employee was not having any managerial powers like, authority to sanction leave of his subordinates, to do performance appraisal of his subordinates or to initiate disciplinary action against his subordinates, then will come under the definition of workman of ID Act. If so, the picture will be different and the contract of employment can not be taken as primary document showing the relation between the employer and the employee.
Regards,
Madhu.T.K
From India, Kannur
An Asst. Manager having given functional rights of supervising the works of others will not come under the purview of ID Act. But if the designation is only a fancy one, but at the same time the employee was not having any managerial powers like, authority to sanction leave of his subordinates, to do performance appraisal of his subordinates or to initiate disciplinary action against his subordinates, then will come under the definition of workman of ID Act. If so, the picture will be different and the contract of employment can not be taken as primary document showing the relation between the employer and the employee.
Regards,
Madhu.T.K
From India, Kannur
Good Morning All,
Due to a bridge (HR) between Employee and Employer, I would like to ask Robin, Are all the favor laws are for employees only, The employer invests big amount to Trained the employee, He has the rights to bound you to work longer, If you want to move then you have to face the same.
From India, Mumbai
Due to a bridge (HR) between Employee and Employer, I would like to ask Robin, Are all the favor laws are for employees only, The employer invests big amount to Trained the employee, He has the rights to bound you to work longer, If you want to move then you have to face the same.
From India, Mumbai
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