Hi , I am curretly an employe of an company , .
On last month HR had mailed me that i am on notice period from 27 June 2013 ,.
Now i got an second mail mentioed that ."Please note that as per project team intimation your last working day with Marico is 15th July 2013 and will be on LWP (leave without pay ) from 1st August 2013."
As i saw my Appoinmnet letter it is clearlt mentioned that "During your service with organization , in event of your resignation or termination of service either side will have to give 60 days notice or gross monthly salary in lieu thereof"
My question is , do they can teminate me without given me my pay for 2 month or what are the step do i have take.
Please help me out.
From India, Mumbai
On last month HR had mailed me that i am on notice period from 27 June 2013 ,.
Now i got an second mail mentioed that ."Please note that as per project team intimation your last working day with Marico is 15th July 2013 and will be on LWP (leave without pay ) from 1st August 2013."
As i saw my Appoinmnet letter it is clearlt mentioned that "During your service with organization , in event of your resignation or termination of service either side will have to give 60 days notice or gross monthly salary in lieu thereof"
My question is , do they can teminate me without given me my pay for 2 month or what are the step do i have take.
Please help me out.
From India, Mumbai
Please share with us the reason for termination mentioned in your mail so as to advice you properly. If there is no major reason for termination then the employer is entitled to pay you the salary for 60 days as mentioned in your appointment letter even though your last working date is prior to your last date of notice period
From India, Ahmadabad
733From India, Ahmadabad
Dear Soni,
Agree with Saji explanation, Company is bound to pay you the pay 60 days salary if the reason is normal and it can changes if the reason is to break Code of conduct or any disciplinary action again you or any serious concern. So firstly check the reason and let us know?
Agree with Saji explanation, Company is bound to pay you the pay 60 days salary if the reason is normal and it can changes if the reason is to break Code of conduct or any disciplinary action again you or any serious concern. So firstly check the reason and let us know?
Dear Soni,
As per my understanding, you are in your notice period forced by the employer side. Yes, as per the agreement you should be paid salary, though your last working day falls before end of the notice period. However, please ensure that you collect your employment papers before you raise an issue. I am not sure about your experience level and hoping that you are in IT industry, would suggest to handle the situation amicably.
Please let us know the situation in detail for us to suggest you better solutions.
From India, Bangalore
As per my understanding, you are in your notice period forced by the employer side. Yes, as per the agreement you should be paid salary, though your last working day falls before end of the notice period. However, please ensure that you collect your employment papers before you raise an issue. I am not sure about your experience level and hoping that you are in IT industry, would suggest to handle the situation amicably.
Please let us know the situation in detail for us to suggest you better solutions.
From India, Bangalore
The following are reasom whch they are giving to me ..
The purpose of this written notice is to outline that your performance has been unsatisfactory over the past few months as we had already informed you and given several reminders to improve the performance. But reporting authorities have been closely monitoring your performance and it has been found through evaluation that you have been unable to perform properly in every aspect of your position as an Employee. For which client had asked for the suitable replacement. Your notice period is started from 27th June 2013.
From India, Mumbai
The purpose of this written notice is to outline that your performance has been unsatisfactory over the past few months as we had already informed you and given several reminders to improve the performance. But reporting authorities have been closely monitoring your performance and it has been found through evaluation that you have been unable to perform properly in every aspect of your position as an Employee. For which client had asked for the suitable replacement. Your notice period is started from 27th June 2013.
From India, Mumbai
Following are the reason which they had mailed me ..
The purpose of this written notice is to outline that your performance has been unsatisfactory over the past few months as we had already informed you and given several reminders to improve the performance. But reporting authorities have been closely monitoring your performance and it has been found through evaluation that you have been unable to perform properly in every aspect of your position as an Employee. For which client had asked for the suitable replacement. Your notice period is started from 27th June 2013.
From India, Mumbai
The purpose of this written notice is to outline that your performance has been unsatisfactory over the past few months as we had already informed you and given several reminders to improve the performance. But reporting authorities have been closely monitoring your performance and it has been found through evaluation that you have been unable to perform properly in every aspect of your position as an Employee. For which client had asked for the suitable replacement. Your notice period is started from 27th June 2013.
From India, Mumbai
Dear Soni
Since the reason mentioned is not on disciplinary basis or breach of trust etc. in my opinion you should be terminated as per the employment contract; either by allowing to serve notice period or compensating in lieu of the same.
Yes performance is an issue in the employment but should be settled appropriately as per the contract.
Suresh
From India, Pune
Since the reason mentioned is not on disciplinary basis or breach of trust etc. in my opinion you should be terminated as per the employment contract; either by allowing to serve notice period or compensating in lieu of the same.
Yes performance is an issue in the employment but should be settled appropriately as per the contract.
Suresh
From India, Pune
Thanks for reply Sir ,
They are paying me salary of only July , and from August onward i will be on Leave Without Pay , .That means they are not terminating me till August ending month , ..
So please suggest me that do i am applicable for Paid with leave for month of August also , as per Lieu thereof.
From India, Mumbai
They are paying me salary of only July , and from August onward i will be on Leave Without Pay , .That means they are not terminating me till August ending month , ..
So please suggest me that do i am applicable for Paid with leave for month of August also , as per Lieu thereof.
From India, Mumbai
Dear Soni
Why are they putting you on leave without pay? Is this to take you as a fresh one at a later date by just completing some formalities of service break? or some other trick from employer's side? What will you do during your leave without pay period?
If your performance is not up to the mark, why not they terminate you completely instead of hanging. If they are not terminating you until Aug end, it is their trick to save a few thousand rupees (your one month salary) and later to kick you out. In that case, I even doubt whether your employer will issue a proper service / relieving letter without make you cry or demanding something in return!
If you are confident of your skills, search job out.
As per your employment contract demand for notice period payment for the short fall if they relieve you in July or continue work until 60 days notice period, take salary n other benefits, get relieved in a proper manner.
Without pay leave means it is a loss to you everywhere - like in PF and other retirement benefits, total annual pay receipt, it can even consider as a break in the gratuity (eligibility period) calculation, etc. etc.
Suresh
From India, Pune
Why are they putting you on leave without pay? Is this to take you as a fresh one at a later date by just completing some formalities of service break? or some other trick from employer's side? What will you do during your leave without pay period?
If your performance is not up to the mark, why not they terminate you completely instead of hanging. If they are not terminating you until Aug end, it is their trick to save a few thousand rupees (your one month salary) and later to kick you out. In that case, I even doubt whether your employer will issue a proper service / relieving letter without make you cry or demanding something in return!
If you are confident of your skills, search job out.
As per your employment contract demand for notice period payment for the short fall if they relieve you in July or continue work until 60 days notice period, take salary n other benefits, get relieved in a proper manner.
Without pay leave means it is a loss to you everywhere - like in PF and other retirement benefits, total annual pay receipt, it can even consider as a break in the gratuity (eligibility period) calculation, etc. etc.
Suresh
From India, Pune
Dear Soni,
This is unethical as per the book knowledge, you may take a legal action against the company with ref to harresment over the peiod of time. In this case company should pay you the compensation amount and should ask you to leave the company on immediate effect.
Few companies ask the employee to quit with immediate effect and settle their dues for minimum days and hands over the respective reliving and expereince letters.
Dont worry just lok out for a new job .
All the best... perform well in other company to avoid the same mistake.
Regards,rohit
From India, Mumbai
This is unethical as per the book knowledge, you may take a legal action against the company with ref to harresment over the peiod of time. In this case company should pay you the compensation amount and should ask you to leave the company on immediate effect.
Few companies ask the employee to quit with immediate effect and settle their dues for minimum days and hands over the respective reliving and expereince letters.
Dont worry just lok out for a new job .
All the best... perform well in other company to avoid the same mistake.
Regards,rohit
From India, Mumbai
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