Labour Law & Hr Consultant
Hidayatullah Sabirzai
Senior Human Resources Officer
Management Consultancy
+1 Other

Dear HR Professionals, I have signed a contract with a senior employee as Executive Director in 2016, in his contract our Ex HR Manager added 2 months notice period if both sides canceling the contract. two weeks ago that executive director terminated immediately due to his illegal work ( negative campaign against CEO & other top management members to junior employees) in the organization. now the Executive Director appealing for his 2 months notice period salary. please share your costly idea with me can i pay his 2 months notice period salary or not?
Thanks in advance for your time and ideas.
7th December 2017 From Afghanistan, undefined
Yes, you have to pay him two months notice period, as you have terminated him without notice and the termination clause is binding on both parties
7th December 2017 From India, Mumbai
The ED has cancelled the contract without notice period, in which case he has to pay the company as laid down in contract.
Has the company terminated him without notice or employee has terminated without notice?
Pl be clear in query.
Put the specific words of the contract for better advice.
7th December 2017 From India, Pune
let me i will give an example if an employee did corruption case in the organization or sexual case and you terminated him immediately, so can we pay him his notice period salary?
7th December 2017 From Afghanistan, undefined
Yes we terminated him without notice period because he did illegal work in organization if we gave notice period for him maybe he will give full harm to our organization.
7th December 2017 From Afghanistan, undefined
If employee want to leave the organization for any reason then do you expect him to serve notice period ?, if yes in the same scenario whatever may be the reason for termination you need to pay him notice period from employer side.
7th December 2017 From India, Pune
Prashant B Ingawale,
Thank you so much from your nice comment.
7th December 2017 From Afghanistan, undefined
This is a case of sudden termination of the services of an Executive Director of the Company most probably on the decision of the Board of Directors as per the exit clause of the contract of service between the Senior Employee and the Company. Therefore, the notice condition mentioned in the contract of service ought to have been followed for it is an act of discharge simpliciter though the actual reason is something else like the alleged anti-management acts by him.
8th December 2017 From India, Salem
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