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Can an employee be terminated for not serving the full notice period
25-Jul-2023 (In Labour & Service Law)
Dear sir, I was working in Mumbai based MnC . I resigned from my job on 12 April with one month notice period but I have to complete three month notice period but due to unavoidable circumstances I leave the job in one month and before leaving the job I handover all company asset, id card to my superior in writing and back my home at 11 may .after fifteen days of 11th may they send me termination letter due to not serving of notice period and also send the PF& gratuity form. I immediately fill the form and send to them but still not release my PF & gratuity told me that clearance not given by my superior..kindly suggest what can I do because still, I am not in the job
Dear Client,
You information is incomplete. You should see the terms and conditions of appointment and act accordingly. If terms and conditions of appointment are 3 months notice and not or salary thereof, then you have to serve the notice period. The company may also agree to allow you to pay salary amount in lieu of notice period.
You may contact me for further advise on the matter and course of action with copy of documentary proof.
Regards,
HS Verma
Advocate
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You information is incomplete. You should see the terms and conditions of appointment and act accordingly. If terms and conditions of appointment are 3 months notice and not or salary thereof, then you have to serve the notice period. The company may also agree to allow you to pay salary amount in lieu of notice period.
You may contact me for further advise on the matter and course of action with copy of documentary proof.
Regards,
HS Verma
Advocate
------------------------------------------------
Helpful?
Adv. Hari Shankar Verma
Mumbai | 100+ Answers
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This is my response to you:
1. Did you buy out your notice period?
2. If not then how did they allow you so?
3. Ask them to send our the PF and Gratuity;
4. Write a formal letter to them stating that they need to clear your FnF etc;
5. If they do not within time bound manner then send them a legal notice.
1. Did you buy out your notice period?
2. If not then how did they allow you so?
3. Ask them to send our the PF and Gratuity;
4. Write a formal letter to them stating that they need to clear your FnF etc;
5. If they do not within time bound manner then send them a legal notice.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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Write a letter to company that you want your PF and gratuity Immediately because if you have breached the agreement of appointment letter then you will have to except termination but u will get your PF and gratuity back.
Helpful?
Adv. Sandeep S Wabgaonkar
Nagpur | 25+ Answers
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