Forced Retrenchment after serving Notice Period
Hi, I have resigned from my current organization and am serving the notice period of 60 days. Now the company wants me to leave them after 30 days on the grounds on the following Termination Clause of the appointment letter: : Either Party may terminate the Employee’s employment upon written notice to the
other Party. The termination would be effective after 60 days from the date of the receipt (by the other Party) of such
notice (hereinafter referred to as the “Notice Period”). Alternatively, the Company may terminate the Employee’s
employment with immediate effect, upon giving the Employee salary in lieu of notice or pro-rated salary for the balance
Notice Period in case the Employee has been permitted to work during the Notice Period. In case the Employee has
given a notice to resign or terminate Employee’s employment or resign from services, the Employee is expected and
required to diligently serve the entire notice period. However, in such a resignation situation, the Company may, at its
sole discretion, without being obligated to do so, (i) require the Employee to leave service at any time during the notice
period without any payment for the balance unexpired portion of the notice period or (ii) upon Employee’s request allow
Employee to leave service during the notice period only upon Employee making payment to the Company in the form of damages for breach, the amount equivalent to Employee’s salary for the balance unexpired portion of the Notice
Period.
What remedies are available to me in this situation as they do not wish to pay me 30 Days salary.