Dear Sir/Madam
I was working as Manager in an MNC in Chennai. As per my offer letter notice period stipulation is as follows.
You shall give the organisation atleast two month's notice of your intention to resign. The
organisation reserves the right to accept your resignation with immediate effect at any time during
the notice period.
The organisation shall be entitled to terminate your employment at any time on giving one month's
notice or without any notice on payment of one month's salary in lieu of notice.
Despite this, the CEO terminated my services without any giving me 1 month notice or 1 month salary in lieu of notice.
In such situation am I eligible for 1 month salary in lieu of notice. Kindly guide me what measures are available to me.
Best regards,
Vinay
From India, Bangalore
I was working as Manager in an MNC in Chennai. As per my offer letter notice period stipulation is as follows.
You shall give the organisation atleast two month's notice of your intention to resign. The
organisation reserves the right to accept your resignation with immediate effect at any time during
the notice period.
The organisation shall be entitled to terminate your employment at any time on giving one month's
notice or without any notice on payment of one month's salary in lieu of notice.
Despite this, the CEO terminated my services without any giving me 1 month notice or 1 month salary in lieu of notice.
In such situation am I eligible for 1 month salary in lieu of notice. Kindly guide me what measures are available to me.
Best regards,
Vinay
From India, Bangalore
You are entitled for one month's salary in lieu of notice as per your employment contract. If the emplyer has not paid you the said amount, it amounts to breach of contract, hence you can take a legal action gainst your employer.
regards,
Kamal
From India, Pune
173regards,
Kamal
From India, Pune
Dear Sir,
Can you guide me as to which forum to approach for initiating action against this defaulting previous employer. Do I have to send a legal notice thru an advocate or is there any forum like Consumer forum for consumers.
Best Regards
Vinay
From India, Bangalore
Can you guide me as to which forum to approach for initiating action against this defaulting previous employer. Do I have to send a legal notice thru an advocate or is there any forum like Consumer forum for consumers.
Best Regards
Vinay
From India, Bangalore
An aggrieved worker can take the assistance of Labour Officer, labour Court etc but since the matter is relating to a manager, none of the dispute settlement mechanism of Industrial Disputes Act will be available to you. However, since there is a breach of contract, you can file a civil suit against the employer.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Hello Vinay,
Further to what Kamal Prasoon Sinha & Madhu.T.K suggested, there SEEMS to be a couple of points that would need to be borne in mind reg the circumstances of the termination while you go for any legal action.
You mentioned "the CEO terminated my services without any giving me 1 month notice or 1 month salary in lieu of notice". Usually employees @ your level [Manager] aren't terminated this way like as you mentioned--UNLESS there are any circumstances of propriety involved. IF true, then you may also need to take into account of the counter-responses of the company before you really go legal--however this surely doesn't have any bearing on your RIGHT to get the 1 month's salary in lieu of notice period, as per the Offer letter.
Pl give more details about the circumstances of the termination [what were the reasons given to you & what were the ACTUAL reasons]--so that the advice/suggestions you get from the members are more realistic & practical.
All the Best.
Rgds,
TS
From India, Hyderabad
Further to what Kamal Prasoon Sinha & Madhu.T.K suggested, there SEEMS to be a couple of points that would need to be borne in mind reg the circumstances of the termination while you go for any legal action.
You mentioned "the CEO terminated my services without any giving me 1 month notice or 1 month salary in lieu of notice". Usually employees @ your level [Manager] aren't terminated this way like as you mentioned--UNLESS there are any circumstances of propriety involved. IF true, then you may also need to take into account of the counter-responses of the company before you really go legal--however this surely doesn't have any bearing on your RIGHT to get the 1 month's salary in lieu of notice period, as per the Offer letter.
Pl give more details about the circumstances of the termination [what were the reasons given to you & what were the ACTUAL reasons]--so that the advice/suggestions you get from the members are more realistic & practical.
All the Best.
Rgds,
TS
From India, Hyderabad
I agree with all but more wit TS
one more point to clarify that were u on probation during the termination of your service? the law is that your probationary services can be terminated even without notice or payment in lieu there of - a lot of supporting court rulings are in favor of managements. nature of your industry will also be helpful to know the consequences and method to be adopted. identify your status and sent the management a notice asking one month salary citing the relevant point of your appointment - only if all the means to a amicable settlement is ruled out
thank you
AR
From United Arab Emirates, Abu Dhabi
one more point to clarify that were u on probation during the termination of your service? the law is that your probationary services can be terminated even without notice or payment in lieu there of - a lot of supporting court rulings are in favor of managements. nature of your industry will also be helpful to know the consequences and method to be adopted. identify your status and sent the management a notice asking one month salary citing the relevant point of your appointment - only if all the means to a amicable settlement is ruled out
thank you
AR
From United Arab Emirates, Abu Dhabi
The legal advise could be precise on more facts. Even if the termination by the management has valid reasons, it is only fair that the least minimum notice pay is paid. In my view, even a Manager can have a remedy for non- payment of notice period salary as this is covered by the Payment of Wages Act and also a Manager (unless specifically execluded by the Company in their registration) is covered by the Shops and Establishment Act and he can seek remedy for notice period payment before the Labour Commissioner under the S&E Act.
Vasudevan
From India, Mumbai
Vasudevan
From India, Mumbai
Dear All,
I also agree with the views expressed by TS and other members. It is not easy to the CEO also to issue atermination letter impromptu without weighing legal pros and cons. You are not disclosing complete facts and seeking advice on your problem. We can give you correct advice if correct facts are disclosed.
From India, Pune
I also agree with the views expressed by TS and other members. It is not easy to the CEO also to issue atermination letter impromptu without weighing legal pros and cons. You are not disclosing complete facts and seeking advice on your problem. We can give you correct advice if correct facts are disclosed.
From India, Pune
Mr VASUDEVAN
If the salary of an employee is above Rs 18000/pm Payment Of Wages Act is not applied to him.Even in some Shop & Commercial Establishment Acts of states persons holding managerial/administrative positions are excluded from its coverage.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
If the salary of an employee is above Rs 18000/pm Payment Of Wages Act is not applied to him.Even in some Shop & Commercial Establishment Acts of states persons holding managerial/administrative positions are excluded from its coverage.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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