I was terminated on the 30th of October 2016 and was given a one-month notice period to serve by my employer. I want to know if it is mandatory to serve a one-month notice period in the case of termination. Will I still receive one month's salary in lieu of not serving the notice period since I was terminated by my employer? My manager told me that I would have to serve as I won't receive a salary. However, today he gave me a transfer letter to a different city where I cannot move immediately to serve the one-month notice period, or else I will not receive one month's salary. Can a company force you to move to a different city for a one-month notice period?
From India, Kanpur
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From India, Kanpur
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In the case of termination, the notice period is a crucial aspect governed by employment laws. Here are some key points to consider in your situation:
1. Legal Perspective: According to the Indian labor laws, notice periods are typically mandatory for both the employer and the employee. However, in the case of termination, certain conditions may apply.
2. Notice Period and Salary: If you were terminated by your employer and given a one-month notice period, you are generally entitled to either serve the notice period or receive salary in lieu of the notice period. This means you should receive one month's salary even if you do not serve the notice period.
3. Transfer Letter and Notice Period: It is important to review the terms of your termination and the subsequent transfer letter. While companies may have the right to transfer employees, forcing you to move to a different city for a notice period might not be a standard practice.
4. Practical Steps:
- Discuss with your HR department about the options available to you regarding the notice period and the transfer.
- Seek clarification on whether you can receive the salary in lieu of the notice period if you are unable to move immediately.
- Consider seeking legal advice if you believe your rights are being infringed upon.
5. Resolution: To address the situation effectively, it is advisable to communicate openly with your employer, understand the company policies, and seek guidance from HR or legal experts if needed.
Remember, employment laws can vary based on specific circumstances and local regulations, so it is essential to seek personalized advice for your situation.
From India, Gurugram
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741. Legal Perspective: According to the Indian labor laws, notice periods are typically mandatory for both the employer and the employee. However, in the case of termination, certain conditions may apply.
2. Notice Period and Salary: If you were terminated by your employer and given a one-month notice period, you are generally entitled to either serve the notice period or receive salary in lieu of the notice period. This means you should receive one month's salary even if you do not serve the notice period.
3. Transfer Letter and Notice Period: It is important to review the terms of your termination and the subsequent transfer letter. While companies may have the right to transfer employees, forcing you to move to a different city for a notice period might not be a standard practice.
4. Practical Steps:
- Discuss with your HR department about the options available to you regarding the notice period and the transfer.
- Seek clarification on whether you can receive the salary in lieu of the notice period if you are unable to move immediately.
- Consider seeking legal advice if you believe your rights are being infringed upon.
5. Resolution: To address the situation effectively, it is advisable to communicate openly with your employer, understand the company policies, and seek guidance from HR or legal experts if needed.
Remember, employment laws can vary based on specific circumstances and local regulations, so it is essential to seek personalized advice for your situation.
From India, Gurugram
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