Dear Devbrat
I still consider myself a learner and young; even though I find that I have far more and longer experience than your 23 years; in a Maharatna PSU having more employees than quoted by you, in every single units of the organization, having a city-size townships attached to its plants; and also having much more unions than you have quoted. I hope being an experienced person you must have been able to guess and comprehend the complete picture.
However, let this not be taken into consideration, and I seldom mention this; for I do not wish to become or known as "öld", with rigid ideas and unable to see the other side of any argument or concept. Anyway, I have put my opinion; and I do not wish to "personalize" this issue. There several sayings, full of wisdom; against arguing with others; and I subscribe to those pearls of wisdom.
In any case, I agree with whatever you say; as it may be in the terms and condition of your company.
I also know for a fact, that many small family-run outfits, registered as companies, ROUTINELY ENGAGE IN SUCH EXPLOITATIVE PRACTICES; so as to save money. They also indulge in BIFURCATING THE MINIMUM WAGES; so as to reduce their contribution of P.F. They do not give Gratuity in case an employee does not complete more than 5 calendar years in service; they club all the Weekly Off or Holidays during, before or after the leave period and thus deplete the employees leave balance; etc.
However, what we are discussing here, is the best practices; which are "not bad" in the eyes of law and natural justice; which can stand the scrutiny of a Court of Law as being fair to the employee and impartial.
I shall once again, quote from you; to convey what I intend to :
"By virtue of the clause in the offer of appointment( three months notice by either parties or salary in lieu thereof), any party willing to terminate the contract is legally responsible/bound to give three months advance notice( or salary in place of notice period). In another words, the other party has a legal right to receive either notice or salary in lieu thereof".
Likewise, when employment contract is intended to be terminated by the employer, it is his legal responsibility, necessary and essential condition (by virtue of termination clause in the agreement) to give three months notice or salary in lieu of notice. In this case, it is legal right of the employee to get such notice or salary in lieu thereof, whatever,employer is willing to offer. The employer cannot remove an employee unless either he gives three months notice(allows employee to serve for three months) or pays salary for the notice period.
Please understand that; THE MOMENT THE EMPLOYER decides to remove an employee (earlier to the agreed upon notice period of 3 months);
on its own,
suo moto,
without the willing consent of the employee;
your para becomes EFFECTIVE -
The employer cannot remove an employee unless either he gives three months notice(allows employee to serve for three months) or pays salary for the notice period.
This is what I intended to convey !!
The employer can send him packing the next day - but in that case; it also becomes his liability to pay the notice pay.
Warm regards.