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umeshshetty13
Please advice Can employee be terminated after resignation. Please note Termination CLAUSE IN OFFER LETTER : Employee has to serve 90 days notice period Employer can terminate within 15 days.
From India, Mumbai
raghunath_bv
149

Hi Umesh,

In the scenario where an employee has submitted their resignation and there is a termination clause in the offer letter, it is important to carefully review the specific language of the clause.

If the offer letter states that the employee must serve a 90-day notice period, but also includes a provision allowing the employer to terminate the employee within 15 days, it is possible for the employer to terminate the employee before the completion of the notice period.

However, it is crucial to ensure that the termination is done in accordance with the terms outlined in the offer letter and any applicable labour laws. It is advisable for both parties to seek legal advice to understand their rights and obligations in such a situation.

In conclusion, while it is possible for an employer to terminate an employee after they have submitted their resignation, it is important to carefully review the terms of the offer letter and seek legal advice to ensure that the termination is conducted in a fair and lawful manner.
Thanks

From India, Bangalore
Madhu.T.K
4193

The notice required to terminate a contract should be equal from both the sides. If the employee has to give 3 months notice and the employer can do it by giving just 15 days notice, the contract would become voidable and will not stand legally. Moreover, in respect of an employee who has no managerial role, like authority to sanction leave, authority to initiate disciplinary action or authority to appraise performance of others, cannot be compelled to give notice if he wants to leave the company. Again, notice is an obligation for the employer to meet if he wants to terminate an employee. It cannot be less than one month.
From India, Kannur
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