Amit Dhamane
31 October 2013 at 19:08
Dear Experts,
I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.
Please advice and thanks for your help.
I am adding more details
Below are 2 different sections covered in the contract.
JOb Title and Date of Engagement
If you are a new hire to the company, you are considered to be on probation for a period of six(6) months("Probation Period") from your intial date of hire. During the first month of the probation period, if your performance is not found satisfactory, your employment may be terminated by Company with seven(7) days notice or payment in lieu thereof. From the second month of the probation period your appointment may be terminated by way of written notice of one(1) month or pay in lieu thereof
No Notice is required in cases of serious or gross misconduct. The probation period may be extended by company in its sole and absolute discretion.
Notice of Termination
The period of written notice required from either of you or company to terminate your employment is as follows: 2 months for managers ( I am a manager)
Company shall be entitled to terminate this agreement without prior notice (but without prejudice to right and remedies of company for any breach of this agreement and to your continuing obligations here under) in the event of any serious misconduct or cause. On either company or you serving notice for any reason to terminate your employment or at any time thereafter during the currency of such notice company may pay you your basic salary and any other contractual benefits payable under this contract in lieu of the unexpired period of notice and/or may require you to take paid leave for all or part of the remaining period of your employment.
I am still in probation period, so my understanding was i need to give only one months notice. But HR came and said I need to give 2 months notice. Also there is no explicit mention if I could pay in lieu of notice period. Does this mean i cannot pay and have to serve the full notice period.
Thank you once again for your help
Regards
Amit
Amit Dhamane
31 October 2013 at 18:34
Dear Experts,
I wanted a quick opinion on the situation where my employer contract during Probation says they can terminate my services in one month. But then if I resign during probation I need to give 2 months notice. Is this fair, can a employer have such clause? I am ready to serve one months notice, but they are forcing me to serve 2 months notice.
Please advice and thanks for your help.
Regards
Amit
PARDEEP KUMAR
30 October 2013 at 21:56
Respected Members,
Am in need of some authority on the point 'Initiation of Disciplinary Proceeding, issuance of charge sheet by authority higher than the Disciplinary Authority viz. Appellate authority, vitiates entire proceedings'
Matter is concerned with CCS (CCA) Rules, 1965, though rule position shown to the P.O. still the Tribunal is insisting for authority.
vijay
30 October 2013 at 12:35
Sir,
We have four employees working with us. We are a service based industry and proprietorship firm and have less than 10 lacs turnvoer. Is it necessary to take EPF or esi registration number.
I have to apply one Govt tender where they have asked about that EPF/ESI registration. Kindly suggest what should we do.
Regards
lohithakshan u k
29 October 2013 at 10:48
Please let me know the establishment registered under companies act and having factory licence comes under the purview of Kerala shops and establishment act.In depth if a branch office without having factory attached to, is comes under this act.
girish
29 October 2013 at 09:43
Can an employer put the retention of salary clause in Appointment letter, if yes what should be the appropriate draft of such letter. Employer want to retain 10% of the Gross salary for the period for 1 year which would be return to employee after completion of 2 year term. Pls advise whether this would be a legal or illegal
sachin agarwal
28 October 2013 at 22:06
whether the EPFAT has power to decide the review petition of its own order
if yes how can we get the relief from the court
and
where the Tribunal has power for the same
please give me the detail of the provisions if any and the apex decisions if any
Ranjeet Singh chauhan
28 October 2013 at 21:14
Hi Law intellectuals,
I am really previledge to address this concern with MY LAW FAMILY.
one of my friend was working with one company based in gurgaon. He was earning Rs. 20000/-. Recently he switched to other company and his resigantion was confirmed by his previos employer. As my friend did not wish to serve the notice period so he decided to pay the arrears to the previous company.
He was under an impression on below given counts.
1. Company would ask him for 1 month notice period.
2. Company would ask him to pay basic of his salary, if he wish to buy the notice period.
To his surprise company asked him to pay 2 months gross salary which is Rs. 40000/-
Now, he is in great pain and want assistance on following given queries.
1. Does the notice period of 2 months is what employee has to service as per HARYANA LAW.
2. Does employee has to pay the gross salary and not the basic of his monthy salary.
Request you all to please assist in the above query with reference to relevent provision of Laws prevailing in State of Haryana.
Thanks & Regards,
Vishal Nagar
9213284009
V.N.K. MENON
28 October 2013 at 14:13
BRIEFLY: An employer challenged the Award of Labour Court by way of WPC say in 2006. W/man filed 17-B (ID Act) application for interim relief. S/Bench rejected his claim.
LPA was filed. Div. Bench passed interim relief by way of consented order in January 2009 and employer agreed to reinstate the w/man.
The interim order does not contain any whisper about retirement and also in the absence of a clause of retirement in the service rules/appointment letter and also accordingly to practice with respect to other employees of same categories (working/ worked beyond 60 years), and without seeking permission from the authorities for effecting retirement – the w/man was given retirement by said employer at 60 years.
The WPC is on board single bench and has not reached finality.
The w/man again requested for interim relief u/s 17-B during the pendency of WPC as per the will of legislature. Not only the relief was rejected but also the matter was put for hearing when its turn comes.
In the circumstances, w/workman filed a Petition for early expeditious hearing on ground: (1) being senior citizen of > 61 years (weaker group as defined by the court) (2) for having rejected interim relief as stated above and also for the fact that w/man has no livelihood and depending upon others for survival.
Unfortunately, the matter came up before the same judge ( as stated in para-5 above) who had rejected the 17-B application as stated in para-2 above. In the context w/man wants to file LPA. (Hope I am able to deliver the good in the narration).
QUERY: (1) WHAT ARE THE ANNEXURES REQUIRED TO BE FILED WITH THE LPA? MEANING WPC BEING MASSIVE WHETHER COPY OF W/P IS ESSENTIAL, AND ALSO WHETHER COPY OF COUNTER FILED ARE TO BE GIVEN TAKING INTO ACCOUNT THE FACT THAT THE MATTER IS FOR EXPEDITIOUS EARLY HEARING.
(2) WHETHER DATES & EVENTS/SYNOPIS IS necessarily TO BE ANNEXED?
(3) ANY OTHER MATTER TO BE TAKEN CARE OF IN THE COLLECTIVE WISDOM OF EXPERTS/ COLLEAGUES.
Thanks & regards.
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Salary
When a company terminates an employee without any notice, so I heard that the company should pay him 2-3 months salary, is that true?