Termination of Employment Termination of Employment

5 years ago

Dear sir,
I am working for pvt. Ltd. Company. But company hr asking about 60 day notice period and also saying pay to me 3 month salary than company give the experience letter.
Following are the terms of my company.
3. Termination of Employment
a) Either party can terminate this employment by serving a notice of 60 days on the other. However, if
approved by the Company, an associate may surrender leave to his / her credit or pay salary in lieu
of Notice period. Similarly, the Company may pay salary in lieu of Notice period.
b) In the event that you leave the company or serve a notice for termination within a period of 24
months from the date of joining, you will be required to pay an amount equal to 3 months’ salary in
addition to serving the Notice Period. This clause supersedes the provision of clause 3 (a) above.
c) In case of Associates who are governed by service agreements for serving a minimum stipulated
period, the associate can exercise option under the clause 3(a) only on their completion of the
stipulated service period agreed to and provided therein.
d) Unauthorized absence or absence without permission from duty for a continuous period of 7 days
would make you lose your lien on employment. In such case your employment shall automatically
come to an end without any notice of termination.
e) You will be governed by the Company's laid down Code of Conduct and if there is any breach of the
same or non-performance of employment obligations or the terms and conditions laid down in this
agreement, your service could be terminated without any notice notwithstanding any other terms
and conditions stipulated herein. The Company further reserves the right to invoke other legal
remedies as it deems fit to protect its legitimate interests.
f) Reference check will be made from your previous employers. In case there is any adverse report
against you which may be detrimental to the interests of the company or if the information
furnished by you is not true, the company reserves the right to terminate your services forthwith
(notwithstanding any other provisions) on the grounds of misrepresentation of facts.
g) You will be on probation for a period of 6 months from the date of joining. If your performance is
found to be less than satisfactory, your employment may be terminated at any point during this time
at the sole discretion of the company without having to assign any reason whatsoever and not
withstanding any other provisions of this letter.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Sir,
This looks bit complicated.It has been done to keep its employees for a longer time with less payment.Since you have already inn it will be better to get in touch with an Advocate specialised in Labour Law of the State where you are living or working.
It is simple math.
See you much you are gaining or how much you are loosing and the time you are getting after leaving the job and whether you you can earn that money with dignity and better working environment.
Shanti ranjan Behera
Advocate
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
If you have any issue then just lodge a complaint with Labor Commissioner who will solve the problem under section 12 of Industrial Disputes Act.

For full procedure contact me on mobile through Vidhikarya.
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Ambrose Leo

Responded 5 years ago

A.You can contact a Expert Labour & Employment and service matter lawyer from the panel and file case or Petition before the competent court of jurisdiction quickly and protect your interest.
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Rameshwar Dadhe

Responded 5 years ago

A.Go to the labour commissioner office and made complaint against them
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Abhimanyu Shandilya

Responded 5 years ago

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A.Since you have signed the employment agreement so, you have to abide by it.
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