pkochery Started The Discussion:
My notice period is three months and i have put in my papers. I had resigned on 1st April 2013 and serving three months notice to the employer which falls due on 29th June 2013 and not asked for early relieving. But forcibly without giving sufficient reason and notice, if my employer relieve me before 29th June 2013, then does my employer has to pay me for the difference in the notice period resulting from an early relieving?
My contract letter termination clause says -
"Your appointment can be terminated on three months prior written notice on either side. Notice pay and other outstanding, which may be due from you, will be deducted from company dues payable to you on separation and /or recovered from you.
Thanks Shailesh for your reply.
By mentioning recovery they mean if employee do not serve the notice period of 3 months then they will recover the dues from the employees.
However, i am ready to serve the notice period of 3 months and if they relieve me after 1 month of notice period, do they have to pay me for the remaining 2 months of notice period as i didn't request for the early relieving.
Dear Mr. PK,
Interpreting your Termination Clause, it is clear to the point that BOTH the parties accountable to pay dues in account of violation/breach of terms under the appointment letter given to you. In your case the employer is forcing you to leave despite of your resignation to the management; hence the employer has to pay your remaining notice period that you were yet to serve. As under most circumstances, there is a notice period required for terminating an employee who has an employment agreement.
However, there are exceptions to the Termination by employer based on the Notice Period, that will not be stated in the appointment at times, and quite generally it is understood that egregious behavior, violations or misconduct that clearly puts the company in jeopardy. Conditions of thus mentioned type may not have notice period and the effect is immediate where the employer is not accountable to pay such employee.
Well, if your case is not otherwise and normal, then your employer is likely to compensate the rest of the stipulated period
All the best for your future. I understood that you have resigned unwilingly, otherwise your employer is at liberty to terminte you by finding any reason. It is very sorry state of affairs in India. God Bless you, if you are perfect in your job, you need not worry. Dont get into stress on your mind.... keep cool, while serving, try for a better job. Keep copy of the resignation letter duly accepted by your employer, as proof to show to other companies.
Has the company given you a notice sharing reasons for their early relieving? Since it is a case of Resignation and not termination, and you are willing to serve the due notice period; the company, by accepting your resignation is also bound by the principles of the appointment letter. Is the company forcing you to write to them about an early release? If yes, do not do that. Even if they terminate your services now, they are supposed to either give complete report regarding the reasons towards the same; record your response and then justify their decision on paper.
Having said all of that, companies in India get away with these dirty practices only because they know that people like you and I do not have the intent or wherewithal to take these guys to court. I would suggest try 'talking' to the HR - do not keep mail records if you are not sure of what you want to write - and see where this leads.
All the best for your future.
I am sorry to offer a divergent view. It may be nice to examine concept of notice.
There is a notice (or pay in lieu thereof) clause for terminating a contract of employment. Due to this feature, in case employer wants to pull a trigger, employee gets time to find another engagement or gets money in lieu of such time. Similarly when employee pulls a trigger, employer gets time to make alternate arrangement or money in lieu of inconvenience arising out of sudden exit decided by the employee.
Now, if employee has already pulled the trigger and employer thinks that it does not need time or notice, the notice can be waived. The action of termination of contract is initiated by employee and not employer. In that case, waiver of notice by employer cannot be held as illegal or corecive. Neither can employee insist upon a specific performance!
I know several employers who assert employer's right to waive notice in their contracts.
In this light, no harm in trying to get pay in lieu of shortfall in notice but your chance of success may not be as bright.
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