If "salary in lieu of notice" is NOT mentioned in the employee contract, and instead "appointment can be terminated either by management or by you, by giving 60 days notice" is mentioned; is the former clause implied(India)? Is the employer legally bound to pay a notice pay if there was no EXPLICIT mention of the "salary in lieu of notice" clause in the offer letter.
From India, Rahuri
From India, Rahuri
If there is no mentioning of "salary in lieu of notice period" explicitly, you can not have an implied meaning in it.
If the clause in Appointment letter says "Appointment can be terminated either by Management
or by you, by giving 60 days notice", it means that if the candidate decides to leave company, he should serve 60 days notice; similarly if management wants to terminate the services of candidate, company has to give 60 days prior notice.
From India, Aizawl
624If the clause in Appointment letter says "Appointment can be terminated either by Management
or by you, by giving 60 days notice", it means that if the candidate decides to leave company, he should serve 60 days notice; similarly if management wants to terminate the services of candidate, company has to give 60 days prior notice.
From India, Aizawl
@Rkn61 What if the candidate doesn’t want to serve 60 days notice? What if the candidate wants to only serve notice for 15 days? Can the company still ask for notice pay?
From India, Rahuri
From India, Rahuri
@Rkn61
Yes, the candidate did put her paper before management, asking for her release within 15 days. The candidate did get the relieving letter. But the salary/FNF was delayed for months. When the candidate sent a legal notice to clear the dues, she was in return asked to pay for the remaining 45 days.
From India, Rahuri
Yes, the candidate did put her paper before management, asking for her release within 15 days. The candidate did get the relieving letter. But the salary/FNF was delayed for months. When the candidate sent a legal notice to clear the dues, she was in return asked to pay for the remaining 45 days.
From India, Rahuri
Yes, What you have done is absolutely correct, in terms of Appointment order issued to the
candidate. But you could have issued only a resignation acceptance letter and not relieving
order; By issuing relieving order, you have lost 50% lien on the matter.
What is the length of service of the employee?
Normal practice is that Relieving letter alongwith his/her final settlement cheque shall be
issued to concerned leaving employee, on his/her last working day, during the closing hours of work.
From India, Aizawl
candidate. But you could have issued only a resignation acceptance letter and not relieving
order; By issuing relieving order, you have lost 50% lien on the matter.
What is the length of service of the employee?
Normal practice is that Relieving letter alongwith his/her final settlement cheque shall be
issued to concerned leaving employee, on his/her last working day, during the closing hours of work.
From India, Aizawl
@Rkn61
I am concerned with the employee stand here not the management. The employee has worked for more than 1.5 years. The relieving letter was issued much later than the last working day. The last working day is mentioned on the relieving letter.
Also, how can the employee asked to pay for salary in lieu of notice, if it has not been explicitly defined in the employee offer letter?
Also the resignation was forced.
From India, Rahuri
I am concerned with the employee stand here not the management. The employee has worked for more than 1.5 years. The relieving letter was issued much later than the last working day. The last working day is mentioned on the relieving letter.
Also, how can the employee asked to pay for salary in lieu of notice, if it has not been explicitly defined in the employee offer letter?
Also the resignation was forced.
From India, Rahuri
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Employer-PF-res trict to wages of Rs 6500.pdf