Terms of employment
Sridharan Iyengar
(Querist) 02 September 2008
This query is : Resolved
As per the terms of appointment order, an employee is given an employment opportunity based on his willingness to be associate with our organization for a period not lesser than 3 years.
Also, when an employee resigns, he should give the organization 2 months notice.
In case, if he happens to resign the job before the expiry of the agreed period due to any reason, can we ( organization) claim the pay for his short service?
How legally viable for the claim of short service and short notice?
Sridharan
Manish Singh
(Expert) 02 September 2008
you will have to look into the terms and conditions of the services to be rendered by you and other related facts.
if their is no training kind of thing where the employer incurs amount on you for the job, you are not bound by the 3 yrs term.
regarding the 2 months notice, you are bound by that.
Murali Krishna
(Expert) 03 September 2008
You may not claim pay from him for short service. But you can claim damages for breach of agreement. If you have included any amount as compensation from the employee for breach of the contract for short service or otherwise, you can claim that amount.
Same also applies if he resigns with short notice than the stipulated one.
