Normally the appointment order stipulates that the employees' service can be terminated by either party (employee or employer) by giving say, 3 months notice or ...( 3 months) months pay in lieu of the notice period. My query is, whether employer can retain the option of terminating the employee by giving 3 months notice period or 3 months pay in lieu of this and employee's option is only giving 3 months notice. That is employee DO NOT have the option to pay 3 months pay in lieu of notice period. Is it admissible under relevant laws?
From India, Madras
2From India, Madras
Dear IDBI (Is it Bank name?),
If the appointment condition clearly say about 3 months NP or payment in lieu of by either parties, the clause apply to both the parties and they have the option to exercise the condition by paying the NP.
Pon, Chennai
From India, Lucknow
If the appointment condition clearly say about 3 months NP or payment in lieu of by either parties, the clause apply to both the parties and they have the option to exercise the condition by paying the NP.
Pon, Chennai
From India, Lucknow
thanks Mr Pon,
My query is that, is it possible for the employer to have both options i.e, 3 months notice period or 3 months pay in lieu of notice period while terminating the service of employee but employee.has only one option i.e three months notice period. Which means that employee do not have the option of payment of 3 months pay in lieu of notice period. Is is permissible under the law?
From India, Madras
My query is that, is it possible for the employer to have both options i.e, 3 months notice period or 3 months pay in lieu of notice period while terminating the service of employee but employee.has only one option i.e three months notice period. Which means that employee do not have the option of payment of 3 months pay in lieu of notice period. Is is permissible under the law?
From India, Madras
Our laws are not dwelling in detail for such notice period. It simply says that no employer can terminate the services of an employee who have served more than 6 months of continuous services atleast one month notice or payment in lieu of. It does not speak about on employee side for having an option of paying in lieu of notice.
Hence, the appointment letter conditions prevail.
Pon, chennai
From India, Lucknow
Hence, the appointment letter conditions prevail.
Pon, chennai
From India, Lucknow
Though the particular term of the contract is more favorable to the employer than to the employee, since you have signed the contract thereby consenting to this condition and raising objection only at the time of your resignation, I am of the view that you cannot exercise the option of paying 3 months notice pay in lieu of notice if the employer insists on notice period. You may also seek an opinion from a lawyer.However, you try to settle the matter amicably with the company.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
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