The following is mentioned in my appointment letter:
Termination of services:
a). Your services may be terminated by either party, giving a written notice for three months or
payment of salary in lieu thereof. The Company reserves the right not to accept salary in lieu
of the notice period.
My query is the statement " The Company reserves the right not to accept salary in lieu of the notice period " and force an employee to serve the notice period even if the employee is ready to buyout the remainder of the notice period.
Termination of services:
a). Your services may be terminated by either party, giving a written notice for three months or
payment of salary in lieu thereof. The Company reserves the right not to accept salary in lieu
of the notice period.
My query is the statement " The Company reserves the right not to accept salary in lieu of the notice period " and force an employee to serve the notice period even if the employee is ready to buyout the remainder of the notice period.
While Clause on Termination of Service -
"Your services may be terminated by either party,by giving a written notice for three months or
payment of salary in lieu thereof." is the generally accepted rule in employment contract (notice period may vary depending upon company and level/cadre of employee), In all employment contracts, Employer has got an over-riding priority. If the employee who is leaving company is a key person in the company (except for termination of service),or any other person heading any department, such person need to complete the notice period as prescribed by the company, as he has to clear all his pending work, identify his successor and induct him on board.
So your query of "The Company reserves the right not to accept salary in lieu of the notice period " and force an employee to serve the notice period even if the employee is ready to buyout the remainder of the notice period" is an accepted one. Company has got every right to accept notice period intimation or waive of notice period as a special case.
Here, employee can not demand, he has to simply follow the decision of management, within the frame work of his employment contract entered into between Employer and him.
From India, Aizawl
624"Your services may be terminated by either party,by giving a written notice for three months or
payment of salary in lieu thereof." is the generally accepted rule in employment contract (notice period may vary depending upon company and level/cadre of employee), In all employment contracts, Employer has got an over-riding priority. If the employee who is leaving company is a key person in the company (except for termination of service),or any other person heading any department, such person need to complete the notice period as prescribed by the company, as he has to clear all his pending work, identify his successor and induct him on board.
So your query of "The Company reserves the right not to accept salary in lieu of the notice period " and force an employee to serve the notice period even if the employee is ready to buyout the remainder of the notice period" is an accepted one. Company has got every right to accept notice period intimation or waive of notice period as a special case.
Here, employee can not demand, he has to simply follow the decision of management, within the frame work of his employment contract entered into between Employer and him.
From India, Aizawl
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Company Profile.ppt
Company Profile Letter - Global Risk Management Services.pdf