• My employer had asked me to leave the job

My employer had asked me to leave the job and is not allowing me to serve the notice period of two month which is mentioned in the offer letter . Please suggest the future course of action i am at vp level in the organization
Asked 8 years ago in Labour

7 answers received in 1 day.

Lawyers are available now to answer your questions.

7 Answers

What are the clauses in your appointment letter ?

2) if your employer does not want to retain you it is better your resign

3) if employer issues termination letter and terminates your services it would be blot on your career

4) collect your experience letter and relieving letter

5) if your employer does not want you to work during notice period of 2 months you would not get paid for said period

6) if your services are terminated you would get one month Salary as per your appointment letter

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

Well, this is very much common in private jobs.

Do note that non compliance of the terms of offer letter is breach of contract for which civil remedy lies in civil court.

However do not fail to consider that the cost involving in the suit to recover the money is more than the money you are going to lose.

So my advise is if by sending legal notice if you do not get back the money better leave the issue.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

Your employer canot terminate yor services by violating the conditions of employment as mentioned in the emloyment offer letter.

You can first issue legal notice and followed by legal action through labor law.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

1 will i get the salary for the two month notice period if i resign , currently my employer has told me he would not be paying the notice period salary . i want to serve the notice period.

If you are resigining on your own then you may have to serve two months notice period, if your employer is terminating your service then he may have to pay you two months salary.

2 what should i do to get the salary of two month of notice period i dont mind bring terminated as well . the whole objective is to get two month salary of notice period

You can issue legal notice demanding the same.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

1) if you dont mind being terminated refuse to resign

2) let your employer terminate you

3) he will pay to pay you salary as per termination clause in your appointment letter

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

this is breach of contract. you should file a civil suit for damages, mandatory two months salary and legality of that order.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

notice period is mandatory however, no such clause is made in agreement. this is rule of natural justice and it is essential part of every contract.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer