deepakmc69@gmail.com
My employer has sacked me and agreed to pay 2-month notice pay to me, he has paid one month in May and after that has defaulted the payment and appointment contract,
Can I site this reason and consider the appointment contract stands severed/ cancelled due to non-performance from the employer by defaulting the severance package and further, all other clauses applicable to me like NDA clauses in the appointment order stands cancelled from my end. Can I do this?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
P-lekha-jacobs
Senior Hr Consultant
KK!HR
Management Consultancy

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p-lekha-jacobs
46

Deepak - this is a clear-cut case of termination from the employer's side. Your employer has agreed for a severance pay of 2 months and presumably you agreed to the terms of it. Please do go through the severance letter that was issued to you - it always contains the terms of your pay. If not, where have you agreed with the terms - it is not very clear from your question?

Yes - your appointment terms stands cancelled due to any reason that you may have agreed with your employer. If your employer is defaulting on the payment release, please follow up extensively, that's the best you can do. There are still many unprofessional practices prevalent around, it is unbelievable. If you have the resources to go further, please consider initiating a legal action.

Best wishes with this matter and thank you.

From India, Delhi
umakanthan53
5922

Dear Deepak,

With the unilateral termination of the contract of employment at the behest of the employer and the part payment of notice pay, your contract has already come to an irrevocable end and so are your obligations if any associated with it.

From India, Salem
KK!HR
1345

When the employer has failed to perform fully its part of the contract, then equity demands that the employer cannot expect the other party to fulfill its obligations. As per Contract Act 1872, part performance of the contract condition does not entitle one to demand performance of the other party, particularly when nothing is being said about the fulfillment of remaining part. Indeed you have a cause of action against the employer in case you are interested so. However, it will be better to inform the employer that they have breached the contract and so the contract obligations have come to an end.
From India, Mumbai

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