I have 3 months notice period and saying that I have to serve that or give the equivalent amount to Company "in lieu of notice period thereof at the discretion of management"
So Please tell me what the line means to me written in double inverted commas in my appointment letter.
From India, Mumbai
1So Please tell me what the line means to me written in double inverted commas in my appointment letter.
From India, Mumbai
The meaning of the Notice Clause in your appointment orders is -
If you want to resign from your job,
a) You have to inform the management in writing three months before the actual date of your resignation and continue to work during the entire 3 months
OR
b) You have to pay three months salary and get yourself relieved formally if it is accepted by the management (instead of serving notice period).
It implies that the management has the right to accept this alternative or reject it by asking you to work during the entire notice period of 3 months.
From India, Salem
If you want to resign from your job,
a) You have to inform the management in writing three months before the actual date of your resignation and continue to work during the entire 3 months
OR
b) You have to pay three months salary and get yourself relieved formally if it is accepted by the management (instead of serving notice period).
It implies that the management has the right to accept this alternative or reject it by asking you to work during the entire notice period of 3 months.
From India, Salem
If the company gives upfront salary and take employees out? Does that also come under 'in lieu of' conditions?
From India, Hyderabad
From India, Hyderabad
Paying amount equivalent to salary of 3 months towards notice period in addition to his/ her payable amount like salary for the period worked / incentives / re-reimbursement mounts / leave pay etc., ( Full & Final settlement amount) and asking the employee is ok.
The management should also substantiate the reason behind the separation otherwise the employee can raise an objection.
Regards
Kameswararao S
From India, Hyderabad
The management should also substantiate the reason behind the separation otherwise the employee can raise an objection.
Regards
Kameswararao S
From India, Hyderabad
If company asked me to leave the organization (just like termination but not really like that) on the same day- So do they have to pay one month salary or not? The following is incorporated in the appointment letter:
"Your temporary employment may be terminated by us or by you with notice of one calendar month or payment in lieu of notice"
If they were not reacting on mails for paying that salary, what kind of action I have to take against them?
From India, Ahmedabad
"Your temporary employment may be terminated by us or by you with notice of one calendar month or payment in lieu of notice"
If they were not reacting on mails for paying that salary, what kind of action I have to take against them?
From India, Ahmedabad
What the above query intends to convey is that the person concerned was orally terminated by his employer and asked to leave the same day.
If the employer accepts the fact as described by the concerned person, no doubt that the employer has to pay him one month salary in lieu of notice as the termination happens to be solely at the instance of the employer for reasons best known to himself. Perhaps there was no response from the employer for the mails of the concerned person requesting payment of notice salary as per the terms of the contract of employment and the absence of any allegation from the employer either unauthorised absence or abandonment of service against the poster so far are valid indicators of the alleged oral termination of the services of the poster in breach of the notice clause of the contract of employment by the employer.
The course of redressal depends upon the capacity of the position/job held by the poster. If he was a workman as defined under the Industrial Disputes Act,1947, he can raise an industrial dispute u/s 2-A(1) of the Act. Otherwise, he has to file a Civil Suit against his ex-employer for breach of the contract of employment and claim damages.
From India, Salem
If the employer accepts the fact as described by the concerned person, no doubt that the employer has to pay him one month salary in lieu of notice as the termination happens to be solely at the instance of the employer for reasons best known to himself. Perhaps there was no response from the employer for the mails of the concerned person requesting payment of notice salary as per the terms of the contract of employment and the absence of any allegation from the employer either unauthorised absence or abandonment of service against the poster so far are valid indicators of the alleged oral termination of the services of the poster in breach of the notice clause of the contract of employment by the employer.
The course of redressal depends upon the capacity of the position/job held by the poster. If he was a workman as defined under the Industrial Disputes Act,1947, he can raise an industrial dispute u/s 2-A(1) of the Act. Otherwise, he has to file a Civil Suit against his ex-employer for breach of the contract of employment and claim damages.
From India, Salem
Thank you so much Sir for feedback.
I was working their as an HR Executive- on roll.
Yes, this was the verbal communication by GM of the company & now they were not responding my mails for pending salary of 24 days as I was resigned from my service on 15th Jun (my Manager said to give resignation) & GM & Assist. HR Manager were already signed on my resignation letter of notice period (15th Jun to 14th Jul- attached file)
But there some argument occurred related to the work & my Manger was using almost abusing language related to the upbringing, I replied to stop these things, but after that he was shouting on me & reported to GM. GM said to leave the organization without listening my points on 20th Jun & I obeyed his decision & I left the organization. I asked about my salary on that time & he answered that he will take care about my salary.
After giving 3 mails (in 3rd mail- I added GM's id & MD's id) they replied & released my salary (till 20th Jun) & Experience letter. After sending 2 more reminder I didn't get any reply from their side for remaining salary.
But I want my salary till 14th Jul as per my notice period & mentioned in Appointment Letter (attached file). Tomorrow I will send 6th Reminder. But if they will not respond or may be they denying to give the salary, what steps I have to take. As I had already putted my Managing director's email ID on the mails after 2nd reminder but She is also not responding.
As they have strong contacts, Legal Adviser & having good knowledge of Law. So, Can they raise the problems for me which affect my career as I don't have job right now & I am an ordinary girl. As it was happened first time to me in my carrier & I don't understand how can I help my self.
Please guide.
From India, Ahmedabad
I was working their as an HR Executive- on roll.
Yes, this was the verbal communication by GM of the company & now they were not responding my mails for pending salary of 24 days as I was resigned from my service on 15th Jun (my Manager said to give resignation) & GM & Assist. HR Manager were already signed on my resignation letter of notice period (15th Jun to 14th Jul- attached file)
But there some argument occurred related to the work & my Manger was using almost abusing language related to the upbringing, I replied to stop these things, but after that he was shouting on me & reported to GM. GM said to leave the organization without listening my points on 20th Jun & I obeyed his decision & I left the organization. I asked about my salary on that time & he answered that he will take care about my salary.
After giving 3 mails (in 3rd mail- I added GM's id & MD's id) they replied & released my salary (till 20th Jun) & Experience letter. After sending 2 more reminder I didn't get any reply from their side for remaining salary.
But I want my salary till 14th Jul as per my notice period & mentioned in Appointment Letter (attached file). Tomorrow I will send 6th Reminder. But if they will not respond or may be they denying to give the salary, what steps I have to take. As I had already putted my Managing director's email ID on the mails after 2nd reminder but She is also not responding.
As they have strong contacts, Legal Adviser & having good knowledge of Law. So, Can they raise the problems for me which affect my career as I don't have job right now & I am an ordinary girl. As it was happened first time to me in my carrier & I don't understand how can I help my self.
Please guide.
From India, Ahmedabad
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