Legal Question in Employment Law in India

Hi

I joined a company on 15th of Oct'12. BY 16th Nov, i was called by HR manager and told that i should separate from company. The HR also mentioned, the notice period 'll be 1 month, as i was in probation. They asked me to send a resignation, fill the exit form & submit my ID card as the separation process.

When i came back and cross checked the offer letter, it clearly says 90 days including probation period. Management can terminate before 90 days, paying the rest of money. Now i was denied to get 90 days salary.

Since the separation was not my choice i am also eligible for joining bonus, promised at the time of joining. i was denied for the bonus money either.

NOTE :

* I send the resignation and signed the exit form, as they mentioned it separation procedure

* Termination statement in offer letter as below

�Your employment with COMPANY including the probation period may be terminated by either you or COMPANY by providing ninety (90) days prior written notice. The provision of such notice by you is mandatory; in all instances of termination of employment by you. COMPANY reserves the right to terminate employment prior to the end of the notice period and pay in lieu of such notice gross salary, at its sole discretion.�

* The joining bonus was promised in mail communication with HR manager prior joining, its not mentioned in offer letter

Considering above facts could i take any legal help to get the promised amount.

Thanks

Nilima


Asked on 12/11/12, 5:32 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.12.2012

Dear Nilima,

You have answered the query yourself. COMPANY reserves the right to terminate employment prior to the end of the notice period and pay in lieu of such notice gross salary, at its sole discretion.

In view of the above, you are only entitled to salary for the actual days you worked and no more.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any other on-line advice at [email protected])

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Answered on 12/12/12, 2:55 am


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