Legal Question in Business Law in India

Can the notice period from the date of resignation can be considered as part of employment tenure in India? Also, what is the criteria of permanent employee under companies Act, 2013?

Suppose, a person who joins the private firm on 23th June, 2012 was entitled to certain benefits on completing 3 years of service as per his appointment letter but on 10th May, 2015 serves the resignation notice. However, due to two months notice period under the appointment letter, he completes his 3 years of service. So, if the notice period is part of employement tenure, does it make him eligible for those benefits, applicable to employees with 3 years of service?


Asked on 6/23/16, 11:05 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.06.2016

Dear Sir / Madam,

Yes, the employee is deemed to have completed three years of service since he remains in the employment of the Company on completion of the three year period, hence he / she is entitled to all the benefits granted by the Company, even though he / she has resigned.

Regards,

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Answered on 6/24/16, 2:21 am


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