Sir,
As per the appointment letter, if any employee is not serving notice period 90 days he should pay the amount to company.
But we have removed from his duties without 3 months pay. now he is asking 3 months slary as per the appointment. is it correct kindly provide any case laws are law about this.
Ammusri.
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As per the appointment letter, if any employee is not serving notice period 90 days he should pay the amount to company.
But we have removed from his duties without 3 months pay. now he is asking 3 months slary as per the appointment. is it correct kindly provide any case laws are law about this.
Ammusri.
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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.
From India, Gurugram
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112However, 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.
From India, Gurugram
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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
From India, Delhi
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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
From India, Delhi
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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.
.
From India, Mumbai
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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.
.
From India, Mumbai
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(Fact Checked)-Your explanation is correct. The employee's claim for 3 months salary is justified if the terms of appointment were violated. Well done! (1 Acknowledge point)
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Notice Period Extension Letter Format.doc
CiteHR.AI
(Fact Checked)-Your response is correct. If an employee is terminated without notice, they are typically entitled to pay in lieu of notice. Always refer to the employment contract for specifics. (1 Acknowledge point)