I've been working in an MNC for over a year now. The company told me to "start looking for another job". I fear getting sacked/fired soon. My performance is upto the mark and I've not done anything that violates the company's policy.
My question is - Will I get to serve my notice period, or can they fire me with immediate effect?
The relevant section from my offer letter reads-
Notice period and termination
a. Either party may terminate the employment by giving a mandatory minimum of 3 months' notice to the other party (also applicable during the probation period). The Firm may, at its discretion, with or without conditions, agree to waive off the 3 months’ notice period requirement, either wholly or partly.
b. The Firm may terminate/suspend your services, at its discretion, at any time immediately upon written notice to you, if it has been alleged and prima facie established through
the preliminary internal enquiry that you have committed (i) any heinous criminal act or any offence involving moral turpitude (the term “Moral Turpitude” includes crimes having an inherent quality of baseness, vileness, or depravity with respect to a person's duty to the society in general.), (ii) sexual harassment (adjudicated guilty as per the Firm’s policy and local laws) or (iii) other act that threatens or is likely to damage Firm’s reputation.
From India, Lucknow
My question is - Will I get to serve my notice period, or can they fire me with immediate effect?
The relevant section from my offer letter reads-
Notice period and termination
a. Either party may terminate the employment by giving a mandatory minimum of 3 months' notice to the other party (also applicable during the probation period). The Firm may, at its discretion, with or without conditions, agree to waive off the 3 months’ notice period requirement, either wholly or partly.
b. The Firm may terminate/suspend your services, at its discretion, at any time immediately upon written notice to you, if it has been alleged and prima facie established through
the preliminary internal enquiry that you have committed (i) any heinous criminal act or any offence involving moral turpitude (the term “Moral Turpitude” includes crimes having an inherent quality of baseness, vileness, or depravity with respect to a person's duty to the society in general.), (ii) sexual harassment (adjudicated guilty as per the Firm’s policy and local laws) or (iii) other act that threatens or is likely to damage Firm’s reputation.
From India, Lucknow
Hi,
As the Employer indicated already told you to look for other job your notice period already started as per my observation. Your Employer didn't fix any deadline but it will be prudent on your part to look for a other job as early as possible. Also what I feel is that they might not insist notice period for you. All these offer /appointment letter terms are just for document sake.. if the employer decided to part ways with you they will make you go out with some or other reasons and where ever possible look for amicable proper relieving which will better for your career.
From India, Madras
951As the Employer indicated already told you to look for other job your notice period already started as per my observation. Your Employer didn't fix any deadline but it will be prudent on your part to look for a other job as early as possible. Also what I feel is that they might not insist notice period for you. All these offer /appointment letter terms are just for document sake.. if the employer decided to part ways with you they will make you go out with some or other reasons and where ever possible look for amicable proper relieving which will better for your career.
From India, Madras
The second part is all about termination of employment fr misconduct. Though it is not legally enforceable to dismiss an employee without conducting an enquiry, the same is not a subject for discussion now. The clause (a) requires that either party should give 3 months' notice to terminate the contract of employment. Though in respect of employee who has not been given any managerial powers and functions, this clause is just a flower pinned on his shirt but of no use, the employer is under an obligation to serve notice before you are terminated. The clause does not speak about waiver of notice period or reducing the same by payment of salary in lieu of notice. But law suggests that if notice is given salary equivalent to notice should be paid to the employee.
The above said are law and need not be put in practice in a world which is just ignoring law, especially labour laws, on the presumption that the employees do not demand enforcement of law and if they demand, their future would be spoiled because the employers have a trump card with them, ie, negative remarks in background verification. Therefore, like any other employee in any MNC/ new generation company who would prefer to join similar kind of establishments, you should also ignore the laws and facts and start looking for another opportunity. Normally, after a verbal communication, there will not be an order in writing that you are terminated but you will only be asked to resign. If you resign and put a notice period of three months, like " treating this as notice of resignation as per clause .....of contract of employment, I may be relieved on.....(future date coming after three months)" the management will take the tool that they can relieve you with immediate effect, and that also without compensating the notice period payment as required under the statute. You can either defend it by approaching the appropriate authority or leave the company accepting a formal relieving letter which would give you a promise of safe career. Obviously, if you chose the former, your career would be stuck. You will get government jobs or employment in Public Sector Units for which the negative remarks by a private employer that you gave complaint against him is not at all relevant and the background verification done when you join a PSU would not go to the extent of past employment, past PF records etc but it would be confined to police verification of any criminal past. Therefore, if you prefer to join PSUs or government service, or start establishment of your own, you can fight with your employer and send a message to such employers but if you do not have that option in hand, it is good to leave it and start getting better opportunities.
Remember, before you accept any offer,read the conditions of employment carefully and make sure that you are joining the right organisation.
From India, Kannur
The above said are law and need not be put in practice in a world which is just ignoring law, especially labour laws, on the presumption that the employees do not demand enforcement of law and if they demand, their future would be spoiled because the employers have a trump card with them, ie, negative remarks in background verification. Therefore, like any other employee in any MNC/ new generation company who would prefer to join similar kind of establishments, you should also ignore the laws and facts and start looking for another opportunity. Normally, after a verbal communication, there will not be an order in writing that you are terminated but you will only be asked to resign. If you resign and put a notice period of three months, like " treating this as notice of resignation as per clause .....of contract of employment, I may be relieved on.....(future date coming after three months)" the management will take the tool that they can relieve you with immediate effect, and that also without compensating the notice period payment as required under the statute. You can either defend it by approaching the appropriate authority or leave the company accepting a formal relieving letter which would give you a promise of safe career. Obviously, if you chose the former, your career would be stuck. You will get government jobs or employment in Public Sector Units for which the negative remarks by a private employer that you gave complaint against him is not at all relevant and the background verification done when you join a PSU would not go to the extent of past employment, past PF records etc but it would be confined to police verification of any criminal past. Therefore, if you prefer to join PSUs or government service, or start establishment of your own, you can fight with your employer and send a message to such employers but if you do not have that option in hand, it is good to leave it and start getting better opportunities.
Remember, before you accept any offer,read the conditions of employment carefully and make sure that you are joining the right organisation.
From India, Kannur
I understand this is a tough situation. If your company has suggested you start looking for another job, it might mean they're considering letting you go. To get a clear picture, talk openly with your supervisor or HR. Ask why and if you can serve your notice period.
Look at your employment contract for details on termination and notice periods. Check your company's policies too. If things are unclear or seem unfair, consider talking to an employment attorney for advice. Communication is key in these situations. Discuss your concerns and try to understand the company's decision. It could lead to a resolution or negotiation.
From India, Kolkata
Look at your employment contract for details on termination and notice periods. Check your company's policies too. If things are unclear or seem unfair, consider talking to an employment attorney for advice. Communication is key in these situations. Discuss your concerns and try to understand the company's decision. It could lead to a resolution or negotiation.
From India, Kolkata
Do not panic at this juncture, you need to look out for an employment, considering that you got very little time in your hand.
The company has already indicated you that they don't want to carry u further more time.
I don't feel the company will terminate you but they might ask you to tender resignation at any time. You need to discuss the matter with your department head because all these have been started from your boss only. Request him to allow some more time. The HR is a puppet in the management because they have to do as per direction with a lawful manner. In present condition notice period keeps no meaning because the employer can waive too for their vested interest or in a good gesture can terminate the service paying notice amount. I don't feel they will pay u in lieu of notice. It would be better leave the job collecting your service, relieving letter and F&F.
From India, Mumbai
The company has already indicated you that they don't want to carry u further more time.
I don't feel the company will terminate you but they might ask you to tender resignation at any time. You need to discuss the matter with your department head because all these have been started from your boss only. Request him to allow some more time. The HR is a puppet in the management because they have to do as per direction with a lawful manner. In present condition notice period keeps no meaning because the employer can waive too for their vested interest or in a good gesture can terminate the service paying notice amount. I don't feel they will pay u in lieu of notice. It would be better leave the job collecting your service, relieving letter and F&F.
From India, Mumbai
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