Understanding Termination Clauses: Can Someone Clarify These Employment Terms?

Termination Clauses in Employment

During the probation/training period, your services can be terminated by either side with a prior written notice of thirty (30) calendar days. However, upon confirmation, your services can be terminated by either side with a prior written notice of ninety (90) calendar days, including weekly offs and paid holidays.

In case you leave our employment without giving notice, you will be required to pay, or we shall have the right to deduct as liquidated damages, an amount equivalent to thirty (30) to ninety (90) days' salary as applicable from any amount that may be due to you.

While the Company reserves the right to release you upon your resignation prior to the conclusion of your notice period without paying notice pay for the balance notice period, the decision to allow notice pay in lieu of notice is at the sole discretion of the management.

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 continued employment of the Company without pay and shall continue to be bound to the terms of this Appointment Letter.

If you leave the Company within a period of twelve (12) months from the date of your joining, you will fully reimburse the Company for any payment made to you at the time of selection to facilitate your joining, such as the cost of relocation and travel for yourself and family.

Additionally, the Company reserves the right to recover the cost incurred on your training and processing of 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 the date of departure.

In clause no. 5, do I have to pay the whole 12 months' salary (even if I'm working for 9 months) back to the company if I leave within 12 months?

In clause no. 5, there is no mention of salary. Only expenses incurred by the company at the time of your selection, such as any payment made to facilitate your joining, including the cost of relocation, travel for yourself and family, etc., are to be refunded by you to the company if you intend to leave within 12 months from your date of joining.

All clauses are self-explanatory and easily understood.

Precisely, "Any payment made to you at the time of selection to facilitate your joining, such as the cost of relocation, travel for self and family," most employers don't pay any amount at the time of i) selection, ii) joining, or iii) relocation for yourself and 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 relocation, at actuals on the production of tickets, vouchers/bills. If so, you have to repay them.

In some other instances, firms insist on repaying expenses/payments made during training. This has not been involved in your case, I believe.

This clause would still apply to me even if I haven't received and signed the appointment letter that contains the termination of service clause.