Full and Final Settlement with Tech Mahindra
Hello Sir/Madam,
I was an employee of Tech Mahindra till March 2019. I have put my resignation on 22nd Mar,2019 and my last working day was 26th Mar, 2019. Also, company's notice period is 90 days. As per my understanding from below clause, if I am unable to serve 90 days notice period and ask for early release, company can charge some amount in lieu of notice period recovery. But if company has asked me to leave the company before notice days, I am entitled to get basic salary, Kindly clarify. Also, I have not asked for early release, it was decided by the company but now they are asking to pay the notice amount. What action should be taken in this case.
3. Termination of Employment
(a) Either party can terminate this employment by serving a notice of 90 days on the other. The Company may at its absolute
discretion make a payment representing salary (basic) in lieu of notice of termination. However, for cause like misconduct,
gross negligence, willful insubordination or disobedience, misbehavior or non-performance, Tech Mahindra Limited. may
terminate your services with immediate notice. The Company shall have the right to place you under suspension on
subsistence allowance and benefits as applicable pending any investigation into potential dishonesty, gross misconduct,
misappropriation, gross negligence, fraud or other circumstances, which expressly provides for termination of your
employment which if proved, would entitle The Company to dismiss your services summarily.
(b) In the event of your serving on The Company a notice of termination of employment by submitting a resignation letter,
your release will be governed by the relevant policies in force at that point in time, subject to satisfactory handing over
of your duties, responsibilities, Company documents, Company assets, etc. to the relevant parties.
(c) In case of Associates who are governed by any other service agreement(s) for serving a minimum stipulated period,
the associate will need to mandatorily fulfill requirements of Clause 3(a) along with applicable exit policy Clauses
under stipulated service period agreed to and provided therein.
(d) Unauthorized absence or absence without permission from duty for a continuous period of 7 working days would
make you lose your lien on employment. In such case your employment shall automatically come to an end without
any notice of termination.
(e) You will be governed by The Company's laid down Code of Conduct and if there is any breach of the same or nonperformance
of contractual obligation or the terms and conditions laid down in this agreement, your service could be
terminated as per the procedure mentioned in Clause 3(a) herein above. The Company further reserves the right to
invoke other legal remedies as it deems fit to protect its legitimate interests.