Employee Removed from Duties Without Notice Period Pay: Is Request for 3 Months Salary Valid?

Sir, according to the appointment letter, if an employee does not serve a notice period of 90 days, he should pay an amount to the company. However, we have relieved this employee from his duties without providing him with 3 months pay. Now, he is requesting 3 months salary as per the appointment letter. Is this correct? Can you provide any relevant case laws or information about this situation?

This situation can be quite complex and the resolution may depend on the specific labor laws of your country. Generally, if an employee is relieved of his duties without serving the notice period, the company is usually obligated to pay him for the notice period, as per the terms mentioned in the appointment letter.

However, if the employee has been terminated due to misconduct or any other serious issue, the company may not be required to pay the notice period salary, depending on the employment contract and local labor laws.

In your case, if the employee was removed without any misconduct and without serving the notice period, he may be legally entitled to the 3 months salary. It would be advisable to consult with a labor law expert or attorney to get a more precise understanding of the laws applicable in your region.

Remember, it's always important to treat employees fairly and in accordance with labor laws to maintain a positive work environment and avoid potential legal issues.

Dear Ammusri,

In your case now you have terminated the services of this employee without 3 months pay or without serving notice period then you are to pay 3 months salary against notice period. For more details you may go through appointment letter.

R N KHOLA

Dear Ammusri,
1. As per the terms of appointment 90 days notice is mandatory.
2. The another term employee can pay in lieu of notice period.
3. In general, notice period of 90 days or payment of the amount is applied both to the company and employees too.
4. As per you, the employee have been removed without notice of 90 days or payment in lieu of that is illegal and unconstitutional.
5. The claim of 3 months salary by the employee is justified and legal.
6. The case laws are different than of law.
7. In the instant case the terms of appointment is the biggest case law.

.

thank you very much sir..
All the your replies are very helpful us and its' enlighten our knowledge.
Once again thank you very much for all quick reply.
Ammusri