I'm currently working at a company as a fresher from Jan 2020. I wanted to know more about the clauses about the termination of service. Can someone please explain to me these clauses?
1.During probation/traning period, your services can be terminated by either side with a prior written notce of thirty (30) calendar days on paper. However, on confirmation
your services can be terminated by either side with a prior written notice of ninety (90) calendar days including weekly offs and paid hoidays.
2. In case you leave our employment without giving notice, you will pay or we shall have
the right to deduct as liquidated damages an amount equivalent to thirty (30)ninety
(90) days salary as applicable from any amount that may be due to you.
3. Whilst the Company reserves the right to release you upon your resignation prior to the conclusion of your notice period wthout paying notice pay for the balance notice period, decision. allow notice pay in lieu of notice is at the sole discretion of the management.
4. In case of your departure without completing the hand-over procedure as per the then prevailing policy of the Company, you shall be considered to be in the continued employment of the Company without pay and shall continue to be bound to the terms of this Appointment Letter
5. If you leave the Company within a period of twelve (12) months from the date of your
joining, you will fully reimburse the Company, any payment made to you at the time of selection to facilitate your joining such as cost of relocation, travel for self and
6. In addition, the Company reserves the right to recover the cost incurred on your training processing the visa / work permit obtained for work related travel. In case of your departure during the probation period, the company also reserves the right to recover the stipend/salary paid from the date of joining till date of departure
From India, Mumbai
In clause no.5, there is no mention of salary. Only expenses incurred by company at the time of selection of you in the company, such as, any payment made to you at the time of selection to facilitate your joining such as cost of relocation, travel for self and family, etc are to be refunded by you to company, if you intend to leave the company within 12 months from your date of joining.
All clauses are self-explanatory and are easily understood.
From India, Aizawl
.... "any payment made to you at the time of selection to facilitate your joining such as cost of relocation, travel for self and family,"
Most of the employers don't pay any amount at the time of i) selection and ii) joining, iii) re-location for yourself & family. If any, then you have to consider refunding them. That's all stated therein in clause 5, as also explained by Mr.PRN above.
On the other hand some firms reimburse such expenses ON Joining or Re-location, at actuals on production of tickets, Vrs./bills. If so, you have to repay them.
On some other instances, firms insists on repaying expenses/payments made during training. Which has not involved in your case I believe.
From India, Bangalore
This claues would still apply to me even If I haven’t received and signed the appointment letter that has the termination of service clauses
From India, Mumbai
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