Dear Experts,
The appointment letter of a Manager states that service can be terminated from either side by giving two months' notice. Now, this Manager has been dismissed after being found guilty under the POSH Act. His gratuity has also been forfeited.
What is the legal provision regarding his notice period in this case? Any case law?
Regards,
From India, Delhi
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19The appointment letter of a Manager states that service can be terminated from either side by giving two months' notice. Now, this Manager has been dismissed after being found guilty under the POSH Act. His gratuity has also been forfeited.
What is the legal provision regarding his notice period in this case? Any case law?
Regards,
From India, Delhi
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This is not termination but dismissal after conducting an inquiry. Therefore, no notice period clause will apply. Your act of terminating or dismissing and forfeiting gratuity (Section 4(6)(b) of the Payment of Gratuity Act) is lawful. Notice period applies only when his employment contract is terminated for reasons other than misconduct.
From India, Kannur
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From India, Kannur
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Hi Act of your Manager fall under the definition of "moral turpitude";hence no notice period is required. Punishment can be effected forthwith. You can also forfeit his gratuity payment
From India, Aizawl
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From India, Aizawl
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Do you have any policy/document/contract for termination under disciplinary process/ POSH? If yes then the same shall be followed. Please note that there is fair enquiry process with evidences etc
From India, Bangalore
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From India, Bangalore
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Dear Friend,
The terms and conditions in an appointment letter are limited to the point where termination is at the discretion of either party. In the current scenario, the termination occurred due to misconduct under the POSH Act. The forfeiture of gratuity is justified. Therefore, the clause regarding the notice period does not apply.
From India, Mumbai
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The terms and conditions in an appointment letter are limited to the point where termination is at the discretion of either party. In the current scenario, the termination occurred due to misconduct under the POSH Act. The forfeiture of gratuity is justified. Therefore, the clause regarding the notice period does not apply.
From India, Mumbai
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Notice Period Extension Letter Format.doc