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Raj (Senior HR)     08 June 2012

Notice pay

I joined a company an year back. The offer letter says " The Employee will be on an initial probation period for 3 months during which his services may be confirmed at the sole discretion of the management for further period, based on satisfactory performance. 

During the probation period, the employee’s services can be terminated by giving 7 days notice in writing or by payment of 7 days basic salary in lieu thereof by either side. 

Upon satisfactory completion of the probation period, the employee’s services will be confirmed in writing. 

After confirmation, the employee’s services can be terminated by giving 2 months active notice by either side in writing or by payment of basic salary in lieu thereof."

The management is terminating most of the employees withoit any notice time and not even paying any amount. Please suggest.

 



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 1 Replies

Kumar Doab (FIN)     08 June 2012

If the terminated employee wants to contest the termination order he/she can approach o/o Labor Commissioner, Civil Court as per their eligibility.

The employee can contest for notice period, notice pay, wages under various enactments: Industrial Employment Standing orders, Payment of Wages Act, SE act applicable to state as per eligibility of the employee, under these enactments, or can approach Civil Court.

It shall be better if all employees join hands and be witness of each other and approach a competent and experienced Service Lawyer, Labor Consultant, with all records and discuss in person. The lawyer after looking into the nature of duties can recommend the appropriate forum. The lawyer may prefer to issue a legal notice.


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