Early Release From Service - Company Initiated without Prior intimation
9 months ago
I am on notice period of 90 days and few weeks left for my last working day 8th Aug. Whereas, I don't have project its basically I am on bench as I have put down the papers in first place due to less/no opportunities. Whereas, HR mentioned you have 90 days to look either for project inside of outside. However, they have sent me an email for early release, some 3 weeks early ie: 14th July to my actual last day without discussing it or communicating it with me beforehand or having an agreement on the same with me and saying you are getting release on 14th July and the email was sent on the same day. I don't find this ethical in any way and want to know my rights to ensure I don't let this happen again to me or anyone else for that matter.
When you are serving a notice period following terms of employment, and your employer intends to release you earlier before the date of expiry of the notice period without affecting your claim for payment in lieu of the notice period and full and final settlement dues, the offer of an employer is acceptable even it appears unethical to you. But before the issue of your release order, you should seek a written communication from the employer informing you that early release before the completion of the notice period will not affect anyway the payment in lieu of the notice period and full and final settlement dues payable to the employee on his resignation. In case the employer did not respond to your query and release you before the expiry of the notice period and withheld your F & F settlement dues, then you should serve a legal notice to your employer for payment of dues within 10 days of receipt of notice failing which reach out to the office of the Labour Commissioner concerned for redressal of your grievance by making a complaint against the Company for the unjustified action that proves the victimization of an employee and unfair labour practice on their part failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
The employer can terminate you if he has valid reasons like causing loss for the company etc. At the same time, termination can also happen if there is a clause like that mentioned in the employment agreement
Notice period buyout during probation
Listed company registered office in residential premises.
Boss told me to resign
Commercial flate
Resignation wihout notice period
