Dear all,
I was under a fixed contract of three months. After the ending of the contract, I still continued working without renewal of the contract or an implicit statement of agreement to the terms mentioned in the contract.
Could I still be charged with lieu of notice for not giving a month's notice?
Regards,
Charu
From India, Bangalore
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I was under a fixed contract of three months. After the ending of the contract, I still continued working without renewal of the contract or an implicit statement of agreement to the terms mentioned in the contract.
Could I still be charged with lieu of notice for not giving a month's notice?
Regards,
Charu
From India, Bangalore
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Dear Charu,
No, that's why it's called fixed-term employment or fixed-term contract. There is no obligation on your part once the contract has expired.
Warm regards,
Umesh Chaudhary
welcomeumesh@yahoo.com
From India, Delhi
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141No, that's why it's called fixed-term employment or fixed-term contract. There is no obligation on your part once the contract has expired.
Warm regards,
Umesh Chaudhary
welcomeumesh@yahoo.com
From India, Delhi
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Thank you for your valued response.
In continuation of the same, my employer has stated that they are constrained to issue the service certificate despite me having completed my fixed-term contract. Furthermore, their letter is silent on returning my original certificate, which I believe is holding my interests at ransom.
I believe that clause 1 supersedes (as it states a fixed-term contract) and governs all the succeeding clauses, including the notice period applicable within the period of the contract only and not after expiry. I request your esteemed guidance.
From India, Bangalore
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In continuation of the same, my employer has stated that they are constrained to issue the service certificate despite me having completed my fixed-term contract. Furthermore, their letter is silent on returning my original certificate, which I believe is holding my interests at ransom.
I believe that clause 1 supersedes (as it states a fixed-term contract) and governs all the succeeding clauses, including the notice period applicable within the period of the contract only and not after expiry. I request your esteemed guidance.
From India, Bangalore
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Dear Charu,
If the fixed-term contract has expired, it needs to be renewed. In case the expired contract is not renewed, there are no constraints on you to serve a notice period or abide by other rules. Additionally, if they have taken your original documents, they need to return them to you promptly. Furthermore, clause 1 is not clear as you mentioned in the query; please provide more details. Also, kindly specify the contract duration.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
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If the fixed-term contract has expired, it needs to be renewed. In case the expired contract is not renewed, there are no constraints on you to serve a notice period or abide by other rules. Additionally, if they have taken your original documents, they need to return them to you promptly. Furthermore, clause 1 is not clear as you mentioned in the query; please provide more details. Also, kindly specify the contract duration.
Warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)
From India, Delhi
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Dear Sir,
Clause 1 of the contract states that "your engagement will be for a fixed term of three months. During the period of your engagement, your services are liable to be terminated by giving one month's notice on either side."
The HR department states that the second statement, "During the period of your engagement, your services are liable to be terminated by giving one month's notice on either side," doesn't specify a fixed term; hence, you are liable for notice. I feel Clause 1 supersedes and governs all the succeeding clauses, including the notice period applicable within the period of the contract only and not after expiry.
From India, Bangalore
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Clause 1 of the contract states that "your engagement will be for a fixed term of three months. During the period of your engagement, your services are liable to be terminated by giving one month's notice on either side."
The HR department states that the second statement, "During the period of your engagement, your services are liable to be terminated by giving one month's notice on either side," doesn't specify a fixed term; hence, you are liable for notice. I feel Clause 1 supersedes and governs all the succeeding clauses, including the notice period applicable within the period of the contract only and not after expiry.
From India, Bangalore
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Dear Charu,
You need not worry. Each contract must have a clause for entering into it and a clause for getting out of it. Therefore, the above-mentioned clause is included in your contract, specifying that during the three-month period, if your organization wishes to terminate your employment, they will give you one month's notice, and the same applies to you.
If the contract has expired and has not been renewed, you do not need to serve any notice period. If they deduct or force you, it is illegal.
Warm regards,
Umesh Chaudhary
welcomeumesh@yahoo.com
From India, Delhi
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You need not worry. Each contract must have a clause for entering into it and a clause for getting out of it. Therefore, the above-mentioned clause is included in your contract, specifying that during the three-month period, if your organization wishes to terminate your employment, they will give you one month's notice, and the same applies to you.
If the contract has expired and has not been renewed, you do not need to serve any notice period. If they deduct or force you, it is illegal.
Warm regards,
Umesh Chaudhary
welcomeumesh@yahoo.com
From India, Delhi
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Fixed Term Contract Employees to get Gratuity.docx