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SEVERANCE OF 2 MONTHS while NOTICE period is 90 Days
29-Sep-2024 (In Labour & Service Law)
I’m a Senior Consultant at a Big4 firm. Initially, I was forced to work on a module outside my expertise, leading to escalations and a poor review. I later received a new project with good reviews but was asked to resign unexpectedly. They offered two months’ severance, despite my 90-day notice period. I’m concerned they may only include basic pay in the severance and want to know what components should be included. Is there a legal helpline for advice on severance and my rights?
Respected sir
Dealing with several similar corporate matters such as yours, prima facie, I can tell you that serving a notice period for a lesser time period is an act of breach of contract and the management can't do that. It would be wise to strategise beforehand and gather all evidence so that at a later period of time, when the time is right, you can play your cards to your benefit. It all starts with a Legal Notice enumerating all the wrongs committed by the management and your demands therein keeping in mind various aspects of law which you will be using to your benefits during the course of the legal process. You may consult with me in depth regarding this. Good day!
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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You may be entitled to more than just basic pay in your severance package, including allowances, bonuses, and leave encashment. If your contract specifies a 90-day notice period, you could claim full notice pay unless you resigned voluntarily. If the resignation was forced, it may also affect the severance calculation.
Rest I need to see all the documents before giving relevant advice.
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Adv. Qausar Khan
Delhi | 50+ Answers
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