Dear Sir/Madam,
I was working as a Manager in an MNC in Chennai. As per my offer letter, the notice period stipulation is as follows: You shall give the organization at least two months' notice of your intention to resign. The organization reserves the right to accept your resignation with immediate effect at any time during the notice period.
The organization shall be entitled to terminate your employment at any time by giving one month's notice or without any notice on payment of one month's salary in lieu of notice. Despite this, the CEO terminated my services without giving me one month's notice or one month's salary in lieu of notice.
In such a situation, am I eligible for one month's salary in lieu of notice? Kindly guide me on what measures are available to me.
Best regards,
Vinay
From India, Bangalore
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I was working as a Manager in an MNC in Chennai. As per my offer letter, the notice period stipulation is as follows: You shall give the organization at least two months' notice of your intention to resign. The organization reserves the right to accept your resignation with immediate effect at any time during the notice period.
The organization shall be entitled to terminate your employment at any time by giving one month's notice or without any notice on payment of one month's salary in lieu of notice. Despite this, the CEO terminated my services without giving me one month's notice or one month's salary in lieu of notice.
In such a situation, am I eligible for one month's salary in lieu of notice? Kindly guide me on what measures are available to me.
Best regards,
Vinay
From India, Bangalore
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You are entitled to one month's salary in lieu of notice as per your employment contract. If the employer has not paid you the said amount, it amounts to a breach of contract; hence, you can take legal action against your employer.
Regards,
Kamal
From India, Pune
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186Regards,
Kamal
From India, Pune
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Dear Sir,
Can you guide me as to which forum to approach for initiating action against this defaulting previous employer? Do I have to send a legal notice through an advocate, or is there any forum like the Consumer forum for consumers?
Best Regards,
Vinay
From India, Bangalore
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Can you guide me as to which forum to approach for initiating action against this defaulting previous employer? Do I have to send a legal notice through an advocate, or is there any forum like the Consumer forum for consumers?
Best Regards,
Vinay
From India, Bangalore
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An aggrieved worker can seek assistance from the Labour Officer, Labour Court, etc. However, since the issue involves a manager, none of the dispute settlement mechanisms under the Industrial Disputes Act will be available to you. Nevertheless, as there is a breach of contract, you have the option to file a civil suit against the employer.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Hello Vinay,
Further to what Kamal Prasoon Sinha and Madhu.T.K suggested, there seems to be a couple of points that would need to be borne in mind regarding the circumstances of the termination if you choose to take any legal action.
You mentioned, "the CEO terminated my services without giving me 1 month notice or 1 month salary in lieu of notice." Usually, employees at your level [Manager] aren't terminated in this manner, as you mentioned—unless there are any circumstances of propriety involved. If true, then you may also need to take into account the company's counter-responses before pursuing legal action. However, this surely doesn't affect your right to receive the 1 month's salary in lieu of the notice period, as per the Offer letter.
Please provide more details about the termination circumstances, including the reasons given to you and the actual reasons, so that the advice and suggestions you receive from the members are more realistic and practical.
All the Best.
Regards,
TS
From India, Hyderabad
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Further to what Kamal Prasoon Sinha and Madhu.T.K suggested, there seems to be a couple of points that would need to be borne in mind regarding the circumstances of the termination if you choose to take any legal action.
You mentioned, "the CEO terminated my services without giving me 1 month notice or 1 month salary in lieu of notice." Usually, employees at your level [Manager] aren't terminated in this manner, as you mentioned—unless there are any circumstances of propriety involved. If true, then you may also need to take into account the company's counter-responses before pursuing legal action. However, this surely doesn't affect your right to receive the 1 month's salary in lieu of the notice period, as per the Offer letter.
Please provide more details about the termination circumstances, including the reasons given to you and the actual reasons, so that the advice and suggestions you receive from the members are more realistic and practical.
All the Best.
Regards,
TS
From India, Hyderabad
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I agree with all but more with TS. One more point to clarify: were you on probation during the termination of your service? The law states that your probationary services can be terminated even without notice or payment in lieu thereof. Numerous supporting court rulings favor managements. It would be helpful to know the nature of your industry to understand the consequences and methods to be adopted. Identify your status and send the management a notice asking for one month's salary, citing the relevant point of your appointment - only if all means to an amicable settlement are ruled out.
Thank you,
AR
From United Arab Emirates, Abu Dhabi
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Thank you,
AR
From United Arab Emirates, Abu Dhabi
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The legal advice could be more precise with additional facts. Even if the termination by the management is justified, it is only fair that the minimum notice pay is provided. In my opinion, even a Manager can seek redress for non-payment of the notice period salary as this is protected by the Payment of Wages Act. Additionally, a Manager (unless specifically excluded by the Company in their registration) is covered by the Shops and Establishment Act, enabling them to pursue a remedy for notice period payment before the Labour Commissioner under the S&E Act.
Vasudevan
From India, Mumbai
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Vasudevan
From India, Mumbai
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Dear All,
I also agree with the views expressed by TS and other members. It is not easy for the CEO to issue a termination letter impromptu without weighing the legal pros and cons. You are not disclosing complete facts and seeking advice on your problem. We can give you correct advice if the correct facts are disclosed.
From India, Pune
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I also agree with the views expressed by TS and other members. It is not easy for the CEO to issue a termination letter impromptu without weighing the legal pros and cons. You are not disclosing complete facts and seeking advice on your problem. We can give you correct advice if the correct facts are disclosed.
From India, Pune
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Mr. VASUDEVAN
If the salary of an employee is above Rs. 18,000 per month, the Payment of Wages Act is not applicable to him. Even in some Shop & Commercial Establishment Acts of states, persons holding managerial/administrative positions are excluded from its coverage.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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If the salary of an employee is above Rs. 18,000 per month, the Payment of Wages Act is not applicable to him. Even in some Shop & Commercial Establishment Acts of states, persons holding managerial/administrative positions are excluded from its coverage.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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