Termination of employment.
jince
(Querist) 04 August 2011
This query is : Resolved
Dear Sir,
In my amended contrat this is the condition given :
notice on either side.
ii) After confirmation, employee services can be terminated by giving two months’ notice on
either side without assigning any reason.
iii) Your employment can be terminated by the Company without any notice or payment of any
kind in lieu of notice in the following cases:
Any act of indiscipline, dishonesty, disobedience, insubordination, incivility,
intemperance, irregularity in attendance, misappropriation, malpractice, parting of
vital business information or information of confidential nature to a third party
without proper authorization or other misconduct or neglect of duty or
incompetence on your part in the discharge of your duties or the breach on your
part of any of the terms, conditions or stipulations contained in this contract or
violation on your part of any of the Company’s Rules.
Your services can also be terminated for continued absence from duty without
intimation and authorization beyond eight working days or continued ill health
resulting in your absence from work for a period exceeding three months, your
death or total disability.
Page 1 of 6
Grohe India Pvt Ltd, 14thFloor, DLF Building no. 5, Tower A, DLF Cyber City, Phase III, Gurgaon-122002, Haryana, India
Tel: +91 124 4933 000, www.grohe.co.in
iv) On the cessation of your employment for whatever reason, you will return to the Company
all property; documents and papers, both original and copies thereof, including any samples,
literature, contracts, records, lists, drawings, blueprints, letters, notes, data and the like; and
Confidential Information, in your possession or under your control relating to your employment
or to clients’ business affairs.
v) If your employment under this Agreement is terminated by reason of reconstruction or
amalgamation of the Company and you are offered employment with any concern or
undertaking resulting from the reconstruction or amalgamation on terms and conditions
substantially the same as the terms of this Agreement, then you shall have no claim against
the Company in respect of the termination of your employment under this Agreement.
Is it right for the company to provide no compensation under if or any circumstance and terminate an employee with any notice or payment. in the whole contract which i have been asked to sign there is no mention about if the company terminates me with out any cause.
looking forward for a response.
Thanks & regards
Jince Joseph
jince
(Querist) 04 August 2011
Dear Sir,
In my amended contrat this is the condition given :
notice on either side.
ii) After confirmation, employee services can be terminated by giving two months’ notice on
either side without assigning any reason.
iii) Your employment can be terminated by the Company without any notice or payment of any
kind in lieu of notice in the following cases:
Any act of indiscipline, dishonesty, disobedience, insubordination, incivility,
intemperance, irregularity in attendance, misappropriation, malpractice, parting of
vital business information or information of confidential nature to a third party
without proper authorization or other misconduct or neglect of duty or
incompetence on your part in the discharge of your duties or the breach on your
part of any of the terms, conditions or stipulations contained in this contract or
violation on your part of any of the Company’s Rules.
Your services can also be terminated for continued absence from duty without
intimation and authorization beyond eight working days or continued ill health
resulting in your absence from work for a period exceeding three months, your
death or total disability.
Page 1 of 6
Grohe India Pvt Ltd, 14thFloor, DLF Building no. 5, Tower A, DLF Cyber City, Phase III, Gurgaon-122002, Haryana, India
Tel: +91 124 4933 000, www.grohe.co.in
iv) On the cessation of your employment for whatever reason, you will return to the Company
all property; documents and papers, both original and copies thereof, including any samples,
literature, contracts, records, lists, drawings, blueprints, letters, notes, data and the like; and
Confidential Information, in your possession or under your control relating to your employment
or to clients’ business affairs.
v) If your employment under this Agreement is terminated by reason of reconstruction or
amalgamation of the Company and you are offered employment with any concern or
undertaking resulting from the reconstruction or amalgamation on terms and conditions
substantially the same as the terms of this Agreement, then you shall have no claim against
the Company in respect of the termination of your employment under this Agreement.
Is it right for the company to provide no compensation under if or any circumstance and terminate an employee with any notice or payment. in the whole contract which i have been asked to sign there is no mention about if the company terminates me with out any cause.
looking forward for a response.
Thanks & regards
Jince Joseph
ajay sethi
(Expert) 04 August 2011
1) you request the company that clause relating to termination be modified .
clause (ii)termination can be done after givng 2 months notice for reasons to be recorded in writing .
2)in the event that termination by employer is without any valid reason 3 months salary to be paid as compensation
3) subject to jursidction of courts at ____
jince
(Querist) 04 August 2011
Dear Sir,
Is this stated under any particular law of labor contract act.
H. S. Thukral
(Expert) 04 August 2011
There is no confusion in the contract. In the first case it is termination simpliciter and in second case, it is a penal action which can be challenged.
jince
(Querist) 04 August 2011
Yes sir, however there is no mention of any compensation or notice to be given in case of unlawful termination on the side of the company. Where my initial contract stated that, the organization is at part to ask its employee to leave without reason, in such case 2 months notice or compensation for the salary will be given.
jince
(Querist) 04 August 2011
Yes sir, however there is no mention of any compensation or notice to be given in case of unlawful termination on the side of the company. Where my initial contract stated that, the organization is at part to ask its employee to leave without reason, in such case 2 months notice or compensation for the salary will be given.
H. S. Thukral
(Expert) 04 August 2011
In case the employer does not give any reason then it is simple termination and would attract notice and in case notice is waived then employer will justify by stating reason which may be amenable to a challenge.
jince
(Querist) 04 August 2011
Ok Sir, thank you very much for the clarification on this. I Aslo had another doubt. in a contract is the hours of work a necessary specifications. Also if specified and later changed to additional days (only for specific function and not the whole company), can an employee ask for a raise as a right or a request?
H. S. Thukral
(Expert) 04 August 2011
Any violation of contract or change in terms of contract without consent of other party is illegal. But since a contract of employment is an unequal contract, employee either has to accept the change or quit the employment. However if the employee is a workman as defined in Industrial Disputes Act then alteration/change in service conditions requires a procedure.
K.S.Srinivas
(Expert) 04 August 2011
Agreed as suggested by Mr.Ajay Sethi.
With reference to your doubt, the working hours can also be mentioned in the contract.
The employee can ask as a right.
jince
(Querist) 04 August 2011
Thank you for all the help Sir. I will do some research on "workmen"
Once again really appreciate all the help from your side.
