Legal Question in Employment Law in India

Hi there,

I was employed last year in august in an IT firm with employee strength of more than 300-500 all over India. When I joined , I signed a contract which said,

"On confirmation of your employment, in case you want to leave your job, you have to give two month�s notice in writing or you have to pay an amount equivalent to two month�s base salary. Likewise, your services may be terminated at any time with specific reason by giving two month�s notice in writing or an amount equal to two month�s base salary."

The company is relieving me from its services as they do not have the similar profile (for which I was hired ).In the month of April I was on bench before getting moved into a project. Now the company is saying that it has revised its policies and they will only let me be on notice period of 1 month and as they have already served one month notice time period in April when I was on bench. Is it fair? Can I fight back? If Yes, please tell me how.

Thanks in advance for your reply and guidance.

Regards,

Tarun


Asked on 8/18/14, 11:27 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.08.2014

Dear Tarun,

The Company cannot change its HR policies on an adhoc basis. Besides, sitting on the bench without work is common in an IT Company and it in no way implies that you are serving a notice period in the Company. If the Company says that your services were terminated in April, they ought to have issued a termination letter to you then. The Company remains liable to pay you two month's notice period salary along with a letter of termination of service, else you should serve them a legal notice and also complain to the local Labour Commissioner.

Regards,

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Answered on 8/20/14, 5:53 am


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