Termination

Mrinmoy Das (Querist) 12 February 2016 This query is : Resolved
Dear Concern

I am working in a private school from 3 August, 2015. As per the appointment letter the dismissal of my job requires a one month of notice from either side.
I have given a notice on 5 February, 2015 and as per the notice I wanted to be relieved on 10 March, 2016. In this circumstances The Management wants to terminate me just to save the money (my salary).
Is it legal to terminate an employee in this above mentioned condition without any valid reason.

Follow Query

Report Abuse

Kumar Doab (Expert) 13 February 2016
If the management accepts resignation before expiry of notice period it may be illegal and/or management may offer notice pay for shortfall in notice period and it shall be your discretion to accept it or not.

If the management accepts issues termination order during notice period it may be bad order and even malafide, malice ,illegal.

If the management accepts issues termination order during notice period it may have to tender notice pay for shortfall in notice period....................except in case it is due to some misconduct and misconduct may have to be proved after opportunity of natural justice.

The termination order may be stigmatic even if it is issued under the garb of Termination Simplicitor.

Do you have any record (audio/visual/minuted/witnessed) that management has turned vindictive and has decided to terminate?

Another option is to record all transactions and build irrefutable evidence.

If the management wants you to resign with immediate effect (without claiming salary) then you may record evidence and place it on record.

IN any case you may show your employment documents and any evidence you have to an able counsel and obtain specific guidance as per your circumstances.

Rajendra K Goyal (Expert) 13 February 2016
Have you acknowledgement of your resignation letter?

Have you written communication regarding termination?

Has management issued any letter to you?

Wait till management take some action, initiate termination process, collect all proofs in your favor, consult some expert lawyer in service matters.