Termination clause is:-
Either party can terminate the training hereunder by giving one month’s notice in writing to the other and upon expiration of such period of one month, the training hereunder shall terminate. The Company may at its sole discretion terminate the Contract of Employment without notice and/or salary in lieu of notice if in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company. Provided that, in the event of termination as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately, and you will only receive any statutory benefits as applicable to you on the date of your termination.
Is this an unfair one-sided clause?
From India, Guwahati
Either party can terminate the training hereunder by giving one month’s notice in writing to the other and upon expiration of such period of one month, the training hereunder shall terminate. The Company may at its sole discretion terminate the Contract of Employment without notice and/or salary in lieu of notice if in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company. Provided that, in the event of termination as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately, and you will only receive any statutory benefits as applicable to you on the date of your termination.
Is this an unfair one-sided clause?
From India, Guwahati
Dear Sumit,
You have given excerpts of your appointment letter. One of the sentences of the excerpts reads: if in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company.
Every organisation obviously will protect their interest. If some employee is involved in anti-organisation activities or the activities that are within the purview of moral turpitude, should the organisation not have some exclusive power to terminate the employee?
What separates the legal agreements from the non-legal agreements is their sternness or strictness. The legal agreements should create deterrence in the mind of the employees who have behaved waywardly in the past. However, the normal employees, who are focused to grow, do not bother much with these types of clauses. Without worrying further, give your heart and soul to the company and grow yourself!
All the best!
Dinesh Divekar
From India, Bangalore
7855You have given excerpts of your appointment letter. One of the sentences of the excerpts reads: if in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company.
Every organisation obviously will protect their interest. If some employee is involved in anti-organisation activities or the activities that are within the purview of moral turpitude, should the organisation not have some exclusive power to terminate the employee?
What separates the legal agreements from the non-legal agreements is their sternness or strictness. The legal agreements should create deterrence in the mind of the employees who have behaved waywardly in the past. However, the normal employees, who are focused to grow, do not bother much with these types of clauses. Without worrying further, give your heart and soul to the company and grow yourself!
All the best!
Dinesh Divekar
From India, Bangalore
Can I leave company without notice period and pay notice pay recovery amount? This is my question related to unfair clause.
From India, Guwahati
From India, Guwahati
The 0nly case where the agreement is illegal is :
1. If it is illegal by law (violation of some law)
2. Where it is proved that the agreement was signed under duress.
3. It was mis-explained purposely to make the employee take a wrong decision
Duress (coercion) includes economic duress. So perhaps you can plead that you were forced to sign because you needed the job, but in a minor matter like this, it is unlikely to be heeded. In any case, remember a legal action is very expensive difficult to sustain. So on a minor matter, don't bother with legalities. Just take a clean exist where possible
From India, Mumbai
1. If it is illegal by law (violation of some law)
2. Where it is proved that the agreement was signed under duress.
3. It was mis-explained purposely to make the employee take a wrong decision
Duress (coercion) includes economic duress. So perhaps you can plead that you were forced to sign because you needed the job, but in a minor matter like this, it is unlikely to be heeded. In any case, remember a legal action is very expensive difficult to sustain. So on a minor matter, don't bother with legalities. Just take a clean exist where possible
From India, Mumbai
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