Termination "Notice Period" Termination "Notice Period"

5 years ago

I want to terminate my employment under the "Notice Period" provision outlined below (taken from my contract). I believe since my contract began August 1st, 2017 and ends July 31st, 2019 that the 3 month notice period referred to should be 90 days before July 31, 2018. However, our HR person says, "...should you resign from your current position, your resignation letter has to be submitted between 15th March and no later than 1st April because in India, they don't count the holidays, so as we finish on 22nd June, count back 3 months" .

Can you please comment? Thank you!

From the contract...
"Both parties have agreed to the following terms and conditions after protracted discussions.

I. TERM OF EMPLOYMENT:
The Employee is appointed as XXXXXX teacher w.e.f. 1st August 2017 for a period of 2 years (two years) up to 31st July 2019. The first one year shall be a lock-in period during which no party can terminate this contract, except due to reasons specifically mentioned hereinafter.
II. TERMINATION:
In the event any of the parties hereto desires to terminate this contract after the lock-in period before expiry of contract period, such party shall give notice in writing to the other party at least 3 (three) months before the date of such termination ("Notice Period")

In the event the Employee fails to serve the minimum Notice Period with (Employer) the Employee shall become liable to pay/forfeit an amount equivilent/proportionate to the salary for the period by which such Notice is short of the required 3 months' Notice Period. Without prejudice to all the other rights of (Employer) the Employee hereby irrevocably authorises (Employer) to deduct such amount from any amount/s that may be payable by (Employer) to the Employee."

Deepak Yashwantrao Bade

Responded 4 years ago

A.dear client in your matter your question is not clear. Would request if you could rephrase your question. About not taking holidays into consideration there seems to be some misunderstanding.
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Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 5 years ago

A.Sir,
Put correct questions.
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Anonymous

Replied 5 years ago

Basically, we have a titular 2 year contract but the section "II Termination" states that either party may terminate the contract after a one year "lock in period" as long as they give at least 3 months advance notice (Notice Period). I contend that since the first year of the contract ends July 31, 2017 that the final day of the Notice Period would be April 30, 2017. Our HR person is saying that since the school summer holiday begins June 22, the final day of the notice period is April 1 because, as she stated, "we don't count holidays"

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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

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A.Sorry but your question is not clear. Would request if you could rephrase your question. About not taking holidays into consideration there seems to be some misunderstanding.
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Anonymous

Replied 5 years ago

Thank you for the quick response.

Basically, we have a titular 2 year contract but the section "II Termination" states that either party may terminate the contract after a one year "lock in period" as long as they give at least 3 months advance notice (Notice Period). I contend that since the first year of the contract ends July 31, 2017 that the final day of the Notice Period would be April 30, 2017. Our HR person is saying that since the school summer holiday begins June 22, the final day of the notice period is April 1 because, as she stated, "we don't count holidays"

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Abhimanyu Shandilya

Replied 5 years ago

That's wrong. In the agreement have they mentioned that holidays will not be counted. Tomorrow they will say it did not rain for one month so it is not counted. The agreement flows in continuous time frame and does not have broken time period unless some specific clauses are mentioned like that.

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