Legal Question in Employment Law in India

I have a question.due to personal reasons i had resigned last week and told my employer that 16th september will be my last working day where as i have two months of notice period and i am ready to compensate them but they are saying its upto the management.i am very depressed because of this i have already given a perfect replacement to them they guy who worked here before.i want to know what can i do in this case. following are the t&c's of my offer letter.I want to know can they deprive me of my relieving letter

2.6 Notice for Separation/ Termination

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 o2.6 Notice for Separation/ Termination

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."


Asked on 8/28/14, 2:49 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.08.2014

Dear Sir / Madam,

The terms and conditions of your appointment clearly provide for you paying two month's notice period salary as damages to the employer (refer the last clause of your query). The question of paying up the notice period salary equally applies to the Company as well as to the employee.

Regards,

Read more
Answered on 8/28/14, 5:42 am


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