I've been working with a company for more than a year now. After resignation on 6th march, my HR tells me that they have plans to let me go without allowing me to serve my two months notice. Can a company do that without giving compensation? All my projects have been of good quality. I fear that my employer will try to put in false allegations and try to let me go. They have a habit of harassing everyone who has resigned.
My Employment agreement states :
In the event of termination of employment of the Employee by the Company
under Clause 9.2, the Company would make all payments due to the Employee
up to the Employee’s last working day, less any amounts due from the
Employee to the Company, including all applicable statutory payments, by
way of transfer of such amounts to the bank account designated by the
Employee or by way of issue of cheque in favour of the Employee, and such
payments shall be deemed to be a discharge of all liabilities and obligations of
the Company towards the Employee and the Employee shall not be entitled to
claim any further amounts from the Company.
9.4 Termination by Employee: The Employee shall be considered to have
voluntarily terminated this Agreement if he absents himself without leave or
remains absent beyond the period of leave originally granted or subsequently
extended, unless:
(a) the Employee returns to work within 7 (seven) days from the
commencement of such absence; and
(b) Gives a satisfactory explanation to the Company regarding such
absence.
9.5 Termination for Convenience: Notwithstanding the aforesaid but subject to
Clause 2.2, the Company may terminate this Agreement by giving 1 (one)
month notice or salary in lieu of such notice, and the Employee may terminate
this Agreement by giving 2 (two) months’ notice or salary in lieu of such
notice. However, in the event of termination of this Agreement by the
Employee, the Company may either (i) continue the Employee’s employment
through the notice period or (ii) terminate this Agreement and the Employee’s
employment, without payment in lieu of the notice period. Further, during the
notice period, the Company may require the Employee to perform only
specific tasks or may require the Employee not to attend work during all or
part of the notice period. In addition, the Company may instruct the Employee
not to communicate with suppliers, clients, investors, employees, agents,
trustees or representatives of the Company.
9.6 Upon termination for a reason set forth in Clauses 9.4 or 9.5, the Company
will be obligated to pay only the Employee’s then applicable Remuneration
(based on the number of days actually worked) through the date of termination
and any payments under employee benefit plans required to be provided by the
Company to the Employee pursuant to applicable law, and the Employee shall
not be entitled to any other salary, compensation or benefit from the Company
thereafter.
Please help me
