forced retrenchment after serving notice
Hi, as per the appointment letter i am serving 60 days of nnotice period however now my company wants to leave after 30 days on the basis of the following condition of the appointment letter: Either Party may terminate the Employee’s employment upon written notice to the other Party. The termination would be effective after 60 days from the date of the receipt (by the other Party) of such notice (hereinafter referred to as the “Notice Period”). Alternatively, the Company may terminate the Employee’s employment with immediate effect, upon giving the Employee salary in lieu of notice or pro-rated salary for the balance Notice Period in case the Employee has been permitted to work during the Notice Period. In case the Employee has given a notice to resign or terminate Employee’s employment or resign from services, the Employee is expected and required to diligently serve the entire notice period. However, in such a resignation situation, the Company may, at its sole discretion, without being obligated to do so, (i) require the Employee to leave service at any time during the notice period without any payment for the balance unexpired portion of the notice period or (ii) upon Employee’s request allow Employee to leave service during the notice period only upon Employee making payment to the Company in the form of damages for breach, the amount equivalent to Employee’s salary for the balance unexpired portion of the Notice Period. What can i do in this matter, what remedies are available to me.
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