Legal Question in Employment Law in India

i. This offer of appointment is subject to reference and background checks to be conducted by the company or through

designated third parties. If for any reason, the reference or background checks reveal any misrepresentation or any information

detrimental to the interest of the company, the company shall be entitled to terminate your services with immediate effect, without

notice.

ii. Your services can be terminated by either party by giving to the other, a notice of two months in writing (hereinafter referred to

as 'Notice Period"). The Company however, reserves its right to terminate your employment with immediate effect by giving you

Salary for two months' in lieu of the Notice Period.

iii. Your position with the company calls for mandatory compliance with the Notice Period, unless relaxed by the Company in

writing. Your termination of employment without compliance with the Notice period shall be treated as a material breach of this

contract and Company shall be entitled to insist on your mandatory performance of the Notice Period and /or claim damages

equivalent to two month's Salary. Salary for the above purposes would constitute Basic Salary and FBP only.

ACCORDING TO the above statement i am free to ask for my relieving letter by paying them the compensatory amount. i am ready to serve 1 month notice period and will pay for rest one month but now my managers are dictating their terms and i am very depressed because of this finding it difficult to concentrate somewhere else.

Can they compell me for this or can i sue them for mental harassment.


Asked on 8/28/14, 6:59 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.09.2014

Repeat query. Already answered.

Read more
Answered on 9/01/14, 4:39 am


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