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Advice on Notice Period
Human Resources » Attrition and Retention


Chrm Message From: vijayraj Total Posts: 30 Join Date: 15/11/2006
Rank: Executive Post Date: 13/11/2011 04:00:25 Points: 150 Location: United States

Dear Friends,

One of my friend's company relived 3 employees from the company without one month notice. The performance of the employees was never an issue for relieving from the services.

But the employee agreement says that need to inform atleast one month before or to pay the 2nd month salary in case of without information. The company has paid to all the guys they left in the past.

They haven't paid the notice period salary to the innocent employees.

Please let me know how can we help them. Please let me know how can we proceed legally and who is the right person to contact regarding this.

Vijayraj

Chrm Message From: jaswinder Total Posts: 39 Join Date: 15/11/2006  
Rank: Executive Post Date: 13/11/2011 04:01:41 Points: 195 Location: United States

What I feel regarding this is if an employee is causing an irreversible loss to the organization's tangible/intangible property, or to its other employees or to the reputation of the organization, the management has all the rights to terminate him with out giving prior notice and not paying him the salary for the month.

Only if it is the case of lay-off the the company has to give the agreed notice time or the salary in advance.

Chrm Message From: farukshaikh Total Posts: 1 Join Date: 15/11/2006  
Rank: Beginner Post Date: 14/11/2011 23:55:28 Points: 5 Location: United States

Dear Vijay,

 

If they have not done any miscunduct then they are eligible for Notice Pay.

Please contact to Labour Officer/Inspector for the same. He will help you.

 

Regards,

 

Faruk Shaikh

Chrm Message From: hijaipal Total Posts: 2 Join Date: 15/11/2006  
Rank: Beginner Post Date: 21/11/2011 07:19:01 Points: 10 Location: United States

Dear all

Company would like to send employee out by way of punishment/termination with valid reason ( breach of company terms & Conditions), company is not liable to pay the notice period.

If company would like to send because of LOW PRODUCTION, FINANCIAL PROBLEMS, company has to pay notice period or compensation.

if company is not done, approach Deputy commissioner of labour in your area.

Chrm Message From: vijayraj Total Posts: 30 Join Date: 15/11/2006  
Rank: Executive Post Date: 02/05/2013 04:41:54 Points: 150 Location: United States

Jaswinder,

It was never the issue of the performance or any of the issues that you mentioned.  
All the employees had been working with the comapny and all were on responsible positions and had got appraisals just a month back.
 
It was mentioned as "due to restructuring" in the relieving letter.
 
Just to conclude this discussion, albeit sorry to have been away for years at stretch...

 
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