Notice period
Querist :
Anonymous
(Querist) 03 May 2022
This query is : Resolved
I resigned from an IT services company due to dis satisfaction and to search better job. As per appointment letter, an employee has to give 3 months notice before leaving the company. Now I am on bench( no project allocation/work allotment) , the company is trying to fire me before last working day on basis of poor performance. Can I file the case against the company? If yes please help how to approach?
kavksatyanarayana
(Expert) 03 May 2022
Your stated facts are not sufficient to form an opinion. If the company will terminate you on the basis of poor performance, you may file a case against the company. But you have to prove your performance in court.
Querist :
Anonymous
(Querist) 03 May 2022
I have been working in an IT service company since last 1.5 years. I subbmitted resignation on 19 May 2022 in the system to purse my career outside the company. I am looking for better job. As per the offer letter, "my employment with the company may be terminated after giving a notice of 3 months or salary in lieu thereof. I am bound to give 3 months notice before leaving the services of the company. Ensure all ongoing activities are successfully completed". Since April 01,2022, i have not been assigned any work. Because of this, the manager finding the ways to terminate me on pretext of poor performance in the notice period instead of assigning new work till my last working day. Is it legal? Would I approach court in case the company find the ways to terminate me in the notice period? Please help.
Dr J C Vashista
(Expert) 04 May 2022
1. You have stated in the instant post on 03rd May 2022, inter alia, that,
"...I submitted resignation on 19 May 2022 in the system to purse my career outside the company...."
I think 19 May 2022 is yet to see light of the day, isn't it ?
2. You have stated that your manager is "finding the ways to terminate me on pretext of poor performance in the notice period instead of assigning new work till my last working day" when you have not been assigned any work and kept on board, where and how there is a chance of finding fault vis-a-vis poor performance ?
