dear all
i was under a fixed contract of three months. post the ending of contact. i still continued working without renewal of contact or implicit statement of agreement to terms mentioned in contract.
could i still be charged with lieu of notice for not giving a months notice?
regards
charu
From India, Bangalore
i was under a fixed contract of three months. post the ending of contact. i still continued working without renewal of contact or implicit statement of agreement to terms mentioned in contract.
could i still be charged with lieu of notice for not giving a months notice?
regards
charu
From India, Bangalore
Dear Charu,
No. That's why it's called as Fix-term employment or Fix-term contract. There is no binding on you in case the contract has expired.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
141No. That's why it's called as Fix-term employment or Fix-term contract. There is no binding on you in case the contract has expired.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
thanks for your valued revert.
in continuation of the same, my employer has stated that their constrained to issue the service certificate inspite of having completed my fixed term of contract.
further their letter is also silent on returning my original certificate which i feel is holding my interests to ransom.
i feel clause 1 supersedes (which states a fixed term of contract) and governs all the succeeding clauses, including notice period applicable within the period of contact only and not after expiry.
request your esteemed guidance.
From India, Bangalore
in continuation of the same, my employer has stated that their constrained to issue the service certificate inspite of having completed my fixed term of contract.
further their letter is also silent on returning my original certificate which i feel is holding my interests to ransom.
i feel clause 1 supersedes (which states a fixed term of contract) and governs all the succeeding clauses, including notice period applicable within the period of contact only and not after expiry.
request your esteemed guidance.
From India, Bangalore
Dear Charu,
If the fixed term contract has expired, it needs to be renewed. In case the expired contract is not renewed there are no constraints on you to serve notice period or abide others rules. Apart from that if they have taken your original documents they need to return it undersigned. Further the clause 1 is not clear as you mentioned in query; please cite more details. Also give the contract duration.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
If the fixed term contract has expired, it needs to be renewed. In case the expired contract is not renewed there are no constraints on you to serve notice period or abide others rules. Apart from that if they have taken your original documents they need to return it undersigned. Further the clause 1 is not clear as you mentioned in query; please cite more details. Also give the contract duration.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
dear sir
the clause 1 of the contract states that "your engagement will be for a fixed term of three months. during the period of your engagement your services are liable to be terminated by giving one months notice on wither side."
the hr states that the second statement "during the period of your engagement your services are liable to be terminated by giving one months notice on wither side." doesnt state a fixed term hence your liable for notice. i feel clause 1 supersedes and governs all the succeeding clauses, including notice period applicable within the period of contact only and not after expiry.
From India, Bangalore
the clause 1 of the contract states that "your engagement will be for a fixed term of three months. during the period of your engagement your services are liable to be terminated by giving one months notice on wither side."
the hr states that the second statement "during the period of your engagement your services are liable to be terminated by giving one months notice on wither side." doesnt state a fixed term hence your liable for notice. i feel clause 1 supersedes and governs all the succeeding clauses, including notice period applicable within the period of contact only and not after expiry.
From India, Bangalore
Dear Charu,
You need not worry. Each contract must have clause for entering into it and clause for getting out of it. Therefore the above-mentioned clause is put into your contract which specifies during the period of three months if your Organisation wishes to terminate your employment they will give you notice of a month and similar is applicable to you.
If the contract has expired and not been renewed so far you need not serve any notice period despite if they deduct or force you it's illegal.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
You need not worry. Each contract must have clause for entering into it and clause for getting out of it. Therefore the above-mentioned clause is put into your contract which specifies during the period of three months if your Organisation wishes to terminate your employment they will give you notice of a month and similar is applicable to you.
If the contract has expired and not been renewed so far you need not serve any notice period despite if they deduct or force you it's illegal.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
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