Labour dispute
WHATSAPP 91-8075113965
(Querist) 16 December 2012
This query is : Resolved
sirs,
one of my client has asked me a doubt on labour matter . I am putting it on this forum for discussion. please help me .
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facts as said by my client is as under :
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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?
I had already made a complaint against it at the local Labour office.
Waiting for your valuable reply.
Regards,
Raj Kumar Makkad
(Expert) 16 December 2012
No one is reading and replying your queries as we know, you are a student and preparing here for your examination.
WHATSAPP 91-8075113965
(Querist) 29 December 2012
good morning sir,
i am lawyer practicing in the district courts, thalassery for the past 16 years and i may not be an efficient and eloquent lawyer like you. But, one thing , i want to add is that i have been a member / expert of this site, even before you. because, i became a member on 2008 jan 6 and you have become a member only on 2009 september 4.I have heen interacting in site for more than 4 years.that you can see, if you verify my answers to past criminal queries of our friends....but, as i was busy with some other work last days , i just copied my clients doubts over here, to get apt replies , so that i can save my time. I DON'T THINK IT IS AN OFFENSE DESERVING CAPITAL PUNISHMENT , or a thing which has to be ridiculed...... i am writing all these just because of the humiliating comments made by you on me for posting a series of quires.... at the most, if you feel that these questions are asked by a fool, you could have kept mum, rather than making fun of me .....please consider that a lawyer with a little knowledge should also have the right to live in this democratic country. He has also has the right to ask doubts, however foolish it maybe ..moreover, it has to be understood that no one is born as a senior lawyer and no one can be a senior lawyer without being "a so called foolish junior lawyer" .......
thanks and bye ....
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
9061435365
Anirudh
(Expert) 29 December 2012
Dear Mr. Salil,
In the above query, it is not the employer who terminated the services. On the contrary, it was the employee who wanted to resign. If the employee resigns, then as per the contract terms, he was expected to give three months notice. If he does not give the requisite notice, then he is to give in lieu of the notice period the amount equivalent to three months salary.
In this case, the employee has given appropriate notice. Therefore he is not liable to pay anything to the employer in lieu of notice.
Though the terms of contract indicated that the employee should give three months notice, it does not ipso facto mean that he will have to be kept in service during the notice period. The Employer may waive the requirement of notice from the employee either wholly or partly. In this case, it has waived it partly. Therefore, the employee cannot ask for any three months salary from the employer, under whatsoever ground(s).
prabhakar singh
(Expert) 29 December 2012
I am in absolute agreement with opinion expressed by Mr.Anirudh.
Raj Kumar Makkad
(Expert) 29 December 2012
Thanks my Senior sir Salil for chasing me. You posted a lot of queries at the same time on the site without caring for the replies which is also reflected by the fact that you could spare time to read the reply against your query only after a short span of 12 days. I don't know after how much days, you shall read this reply to your offensive comments.
A lawyer merely shifting his onus to dealing his entire cases of clients on a single day within a span of one hour on the experts of this site do not deserve any help.
The language used in the queries further makes clear that even after spending precious 16 years in this profession, you have not been able to understand common laws which are part and parcel of a lawyer in his daily routine. Who shall believe that clients engage such lawyer for their serious cases who even is not having the knowledge of stay order or procedure to obtain bail
I do regard every genuine querist and try to submit my reply as per limits of my mind which can be got reflected that despite of your seniority by 1 year from my entry in this site, I could become top expert.
Anyway, I don't require any certificate from anyone for the contribution I could make on LCI as I do this just for my own satisfaction and I need not follow the dictation of any one whether I should keep mum against any query or should reply in any particular manner.
