Termination Clause
Either party can terminate the training hereunder by giving one month's notice in writing to the other, and upon the expiration of such period of one month, the training hereunder shall terminate. The Company may, at its sole discretion, terminate the Contract of Employment without notice and/or salary in lieu of notice if, in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company. Provided that, in the event of termination as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately, and you will only receive any statutory benefits as applicable to you on the date of your termination.
Is this an unfair one-sided clause?
From India, Guwahati
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Either party can terminate the training hereunder by giving one month's notice in writing to the other, and upon the expiration of such period of one month, the training hereunder shall terminate. The Company may, at its sole discretion, terminate the Contract of Employment without notice and/or salary in lieu of notice if, in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company. Provided that, in the event of termination as provided hereinabove, all benefits/perquisites/allowances shall stand forfeited immediately, and you will only receive any statutory benefits as applicable to you on the date of your termination.
Is this an unfair one-sided clause?
From India, Guwahati
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Dear Sumit,
You have provided excerpts of your appointment letter. One of the sentences from the excerpts reads: "If, in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company."
Every organization obviously will protect its interests. If an employee is involved in anti-organizational activities or activities that fall within the purview of moral turpitude, should the organization not have exclusive power to terminate the employee?
Legal Agreements vs. Non-Legal Agreements
What separates legal agreements from non-legal agreements is their sternness or strictness. Legal agreements should create deterrence in the minds of employees who have behaved waywardly in the past. However, normal employees who are focused on growth do not concern themselves much with these types of clauses. Without further worry, give your heart and soul to the company and grow yourself!
All the best!
Dinesh Divekar
From India, Bangalore
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8072You have provided excerpts of your appointment letter. One of the sentences from the excerpts reads: "If, in the opinion of the Company, the continuance of your employment is detrimental to the interest of the Company."
Every organization obviously will protect its interests. If an employee is involved in anti-organizational activities or activities that fall within the purview of moral turpitude, should the organization not have exclusive power to terminate the employee?
Legal Agreements vs. Non-Legal Agreements
What separates legal agreements from non-legal agreements is their sternness or strictness. Legal agreements should create deterrence in the minds of employees who have behaved waywardly in the past. However, normal employees who are focused on growth do not concern themselves much with these types of clauses. Without further worry, give your heart and soul to the company and grow yourself!
All the best!
Dinesh Divekar
From India, Bangalore
Acknowledge(1)Amend(0)
Can I leave company without notice period and pay notice pay recovery amount? This is my question related to unfair clause.
From India, Guwahati
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From India, Guwahati
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When is an agreement considered illegal?
The only case where the agreement is illegal is:
1. If it is illegal by law (violation of some law).
2. Where it is proved that the agreement was signed under duress.
3. It was mis-explained purposely to make the employee take a wrong decision.
Duress (coercion) includes economic duress. So perhaps you can plead that you were forced to sign because you needed the job, but in a minor matter like this, it is unlikely to be heeded. In any case, remember a legal action is very expensive and difficult to sustain. So on a minor matter, don't bother with legalities. Just take a clean exit where possible.
From India, Mumbai
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The only case where the agreement is illegal is:
1. If it is illegal by law (violation of some law).
2. Where it is proved that the agreement was signed under duress.
3. It was mis-explained purposely to make the employee take a wrong decision.
Duress (coercion) includes economic duress. So perhaps you can plead that you were forced to sign because you needed the job, but in a minor matter like this, it is unlikely to be heeded. In any case, remember a legal action is very expensive and difficult to sustain. So on a minor matter, don't bother with legalities. Just take a clean exit where possible.
From India, Mumbai
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Legal Clarification on Non-Performer Termination, Project Based Appointment Letter, Setting UP .pdf