Hi
In our friend's appointment letter regarding notice of termination:
The appointment is liable to termination by giving three month's notice on either side. The company may, however, at its discretion pay one month's salary in lieu of the notice.
I am already resigned from company on 10th feb'2011 and giving 3 months notice to employer.
Now employer say me to go out and take salary upto you work alongwith 1 month pay.
Can I am able to take legal action against him(employer) as per above term.
please help me immediately on
With regards
Ramesh
9449845725
From India, Hyderabad
1In our friend's appointment letter regarding notice of termination:
The appointment is liable to termination by giving three month's notice on either side. The company may, however, at its discretion pay one month's salary in lieu of the notice.
I am already resigned from company on 10th feb'2011 and giving 3 months notice to employer.
Now employer say me to go out and take salary upto you work alongwith 1 month pay.
Can I am able to take legal action against him(employer) as per above term.
please help me immediately on
With regards
Ramesh
9449845725
From India, Hyderabad
Pls refer the your company order copy ... Then only u can go for further . Regards Shivayogi R H
From India, Hyderabad
From India, Hyderabad
I understand that the 'termination clause' cited by you is pertaining to your friend and not you. If so, we shall be glad if you can state what your appointment say about the so called termination clause.
The intention of the employer is also not clear. Is it that you have submitted your resignation letter and expressed your willingness to be relived three months from 10th Feb, whereas the employer wants that you may be relived with immediate effect and as a compensation he is ready to pay you one month salary? If so the employer is right, provided the notice period from the side of employer is one month only.
The basic problem in your friend's (I don't know if the same term is there in your order also) appointment order is that the termination clause is not based on the principles of natural justice. It is okay that from both sides the notice period is three months but when it comes to payment in lieu of notice, the employer takes a lead and his liability is made limited to one month's salary. I also doubt whether there is any mistake in its drafting.
Now, if you want that the employer should allow you to work for three months and the same is not acceptable to him, just ask him to pay for three months instead of one month saying that you have made arrangements with an impression that I will be relived only after three months and it would be prejudicial to relieve you earlier, and if so particular, should get compensation. But do not go against employer legally because it will not stand and the employer has offered one month salary as compensation.
Regards,
Madhu.T.K
From India, Kannur
The intention of the employer is also not clear. Is it that you have submitted your resignation letter and expressed your willingness to be relived three months from 10th Feb, whereas the employer wants that you may be relived with immediate effect and as a compensation he is ready to pay you one month salary? If so the employer is right, provided the notice period from the side of employer is one month only.
The basic problem in your friend's (I don't know if the same term is there in your order also) appointment order is that the termination clause is not based on the principles of natural justice. It is okay that from both sides the notice period is three months but when it comes to payment in lieu of notice, the employer takes a lead and his liability is made limited to one month's salary. I also doubt whether there is any mistake in its drafting.
Now, if you want that the employer should allow you to work for three months and the same is not acceptable to him, just ask him to pay for three months instead of one month saying that you have made arrangements with an impression that I will be relived only after three months and it would be prejudicial to relieve you earlier, and if so particular, should get compensation. But do not go against employer legally because it will not stand and the employer has offered one month salary as compensation.
Regards,
Madhu.T.K
From India, Kannur
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Notice for termination of Contract Sample.doc
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