Employment condition?

Question

Dear Sirs,

Whether we can put the condition in appointment order, when an employee resigns service, he has to serve the notice period of 90 days and surrender of Leave or payment is lieu of notice pay is not acceptable.

Kindly educate and advise me.

Thanks & Regards,

Anbazhagan P

Answer 1

It depends on where you live and whether the employee is a contract employee, which it sounds like the above is) or an at-will employee.

If the employee is a contract employee (or if you have the employee sign something like the above, you are implying that they are) then it is stated or implied that this person is to performed certain functions for a specified period of time under the contract; the downside if you choose to terminate the employee, even for just cause, prior to the end of the contract, you are likely going to have to pay all or part or a percentage of his pay for the duration of the contract. If it is not spelled out, it could easily be construed that if you terminate the employee, he is entitled to 90 days full pay after the date of termination.

Before setting up any type of employment practice like the above, you need to consult your attorney first...you really cannot afford not to. The attorney can advise you whether or not it is in your best interest, the proper language and wording to use so it will hold up in Court based on your current Jurisdiction and be familiar with your plans and will be able to respond to problems without having to dig through a mess.