Labour dispute

WHATSAPP 91-8075113965 (Querist) 16 December 2012 This query is : Resolved

Sirs,

my client says :

"I resigned from my company giving 3 months notice period(as per
appointment letter). My appointment letter contained the clause "after
confirmation of your appointment, the company may terminate your
services by giving you 3 months notice in writing, or payment of 3
month's salary in lieu of such notice. In the event you desire to
leave the services of the company, you will be required to give the
company 3 month's notice in writing or your total remuneration for 3
months". My company decided to release within 15 days of my
resignation, though I mentioned my last day of work in my resignation.
Is the company now, liable to pay for the payment in lieu of my
balance period?"

please advise me and my client ?

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Raj Kumar Makkad (Expert) 16 December 2012
Yes. Company is liable to pay for 2.5 month.

Guest (Expert) 17 December 2012
Depends solely upon what actually is provided about salary for the difference of period between the notice period and the date of relief, as in the terms of appointment. So, please check the terms of appointment carefully.

Raj Kumar Makkad (Expert) 17 December 2012
If the employee has resigned at his own sweet will then the employer can accept the resignation in between the notice period on any day and in that event he is not liable to pay but if employer has given notice and has relieved within 15 days then employer has to pay, this is is general rule but you shall have to see in your case as per terms of the appointment.

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