Respected seniors
one of our employee has given me the resignation letter with one month notice period because he got job some where else and as per the appointment letter he has to give one month notice or salary. But management has decided that he can leave this organisation asap without serving the notice period as he is hurry to join new organisation.
So in this condition what has to be done . Can we releive him immideately without any notice period and without deducting his short notice period amount ??
Regards gaurav arora.
From India, Pune
4one of our employee has given me the resignation letter with one month notice period because he got job some where else and as per the appointment letter he has to give one month notice or salary. But management has decided that he can leave this organisation asap without serving the notice period as he is hurry to join new organisation.
So in this condition what has to be done . Can we releive him immideately without any notice period and without deducting his short notice period amount ??
Regards gaurav arora.
From India, Pune
Dear Mr. Gaurav.
When a employee serves a notice period as per company terms and conditions then no one can hold his salary / deduct any amount / ask for any damages regarding his early going. As per your company, notice period is for one month and employee is serving the same. You can relieve him with immediate effect but in this case your company is liable to pay damages or one month salary to employee as per norms else any practice will be illegal.
Regards
Pankaj Chandan
From India, New delhi
When a employee serves a notice period as per company terms and conditions then no one can hold his salary / deduct any amount / ask for any damages regarding his early going. As per your company, notice period is for one month and employee is serving the same. You can relieve him with immediate effect but in this case your company is liable to pay damages or one month salary to employee as per norms else any practice will be illegal.
Regards
Pankaj Chandan
From India, New delhi
Hi Gaurav
The ethical way is to serve a notice period.
In this case, if the management has taken a lenient way out, then as a part of the organization, you can let the employee go without serving the notice period. But at the same time, to see that it does not become a practice in the organization, you may deduct certain amount from the salary he is ought to get providing a valid reason.
If, however the management decides to given him his dues, then there is no probs for you.
Hope u will get more advice from others
regards
Anuradha
From India, Delhi
The ethical way is to serve a notice period.
In this case, if the management has taken a lenient way out, then as a part of the organization, you can let the employee go without serving the notice period. But at the same time, to see that it does not become a practice in the organization, you may deduct certain amount from the salary he is ought to get providing a valid reason.
If, however the management decides to given him his dues, then there is no probs for you.
Hope u will get more advice from others
regards
Anuradha
From India, Delhi
Serving notice period is the responsibility of the employee and once he is ready to serve the management should accept and allow him to work. If the management relieves him immediately or earlier than the due date then the rule is applicable to the management also as the employee will be loosing one month (differs from company to company / grade to grade) salary hence before relieving the management should pay that amount along with final settlement amount.
If the employee & employer are in agreement then no issue. In some organizations the management will wave off the loan amounts / dues etc considering the contribution of the employee to the organization and some organizations will use this as a retaining / rejoining tool. Seen some of the people rejoined the organization with in next 6 to 10 months also.
The basic issue here is the management should frame a policy on this making the notice period mandatory and reserving the right of waving of such dues with the management and circulate otherwise it will become a precedent and it will be difficult to run the business over a period of time.
Thanks and regards - kameswarao.
From India, Hyderabad
If the employee & employer are in agreement then no issue. In some organizations the management will wave off the loan amounts / dues etc considering the contribution of the employee to the organization and some organizations will use this as a retaining / rejoining tool. Seen some of the people rejoined the organization with in next 6 to 10 months also.
The basic issue here is the management should frame a policy on this making the notice period mandatory and reserving the right of waving of such dues with the management and circulate otherwise it will become a precedent and it will be difficult to run the business over a period of time.
Thanks and regards - kameswarao.
From India, Hyderabad
Dear Gaurav,
To answer your first question - Yes, the management holds the rights to waive or withhold notice period.
There are reasons why, management would sometimes prefer an employee to leave rather than stay within the organization.
The reasons could be
It really depends on how the HR policy of your company has been framed and what has been mentioned in the appointment letter.
When you say 'need more information', what exactly do you want to know more? Narrow it down, so I may explain better.
Regards,
Kavitha
From India, Bangalore
To answer your first question - Yes, the management holds the rights to waive or withhold notice period.
There are reasons why, management would sometimes prefer an employee to leave rather than stay within the organization.
The reasons could be
- Management does not want the employee to spread bad information or wants to protect some information
- Management already has a person groomed and ready to take up the position being vacated
- Compassionate grounds as requested by the employee who is leaving
- Employee is creating a bad environment
It really depends on how the HR policy of your company has been framed and what has been mentioned in the appointment letter.
When you say 'need more information', what exactly do you want to know more? Narrow it down, so I may explain better.
Regards,
Kavitha
From India, Bangalore
If the employee has requested to be relieved earlier, then the management does not need to pay for the days not served.
From India, Bangalore
From India, Bangalore
Hi MR Gaurav,
As desired by you to know more advise it is totally based on your company's HR policy and management view in this connection. Generally it is to be followed that if Employee want to continue for 1 month on in favour company it is better but if company thinks about it that employee spread bad thoughts in other employee,company want to relive him immidetally by paying notice period.
Regards,
:icon7:Vishnu Agarwal:)
From India, Ambala
As desired by you to know more advise it is totally based on your company's HR policy and management view in this connection. Generally it is to be followed that if Employee want to continue for 1 month on in favour company it is better but if company thinks about it that employee spread bad thoughts in other employee,company want to relive him immidetally by paying notice period.
Regards,
:icon7:Vishnu Agarwal:)
From India, Ambala
Hi,
It solely depends on the management as sometimes we need to make decisions out of the book!
There is no specific law regarding the notice periods. The notice period may vary between 1 week to 3 months.
I don't think there is any point in giving away the salary to employee if he is to be relieved immediately..as I guess he would have got the salary for the time he worked !!
If your company doesn't want him to work, he might be asked to give some % of salary against adjusting the notice period and relieve him asap.
Regards,
Gunjan
From India, New Delhi
It solely depends on the management as sometimes we need to make decisions out of the book!
There is no specific law regarding the notice periods. The notice period may vary between 1 week to 3 months.
I don't think there is any point in giving away the salary to employee if he is to be relieved immediately..as I guess he would have got the salary for the time he worked !!
If your company doesn't want him to work, he might be asked to give some % of salary against adjusting the notice period and relieve him asap.
Regards,
Gunjan
From India, New Delhi
Dear All,
Please clarify followings;
1. If employee serves for one month, he would be entitle for full salary i.e. basic+HRA+Medical+Conveyance+etc......
2. If employer want to relieve him early they will pay him the Basic pay...as the normal practice in lieu of notice period.
What could be the consequence?? Employee will be looser in second case. Please comment.
Sinha
From India, Delhi
Please clarify followings;
1. If employee serves for one month, he would be entitle for full salary i.e. basic+HRA+Medical+Conveyance+etc......
2. If employer want to relieve him early they will pay him the Basic pay...as the normal practice in lieu of notice period.
What could be the consequence?? Employee will be looser in second case. Please comment.
Sinha
From India, Delhi
Dear
Management is empowered with the discretion for earlier relief.The severance of the Contract of Service is vested both with the Management an Employee.
Good Management practice will hely you to be judged as the best Employer.Pay him the Salary till the end date of his notice period and accept the resignation right away.
With Regards
V.Sounder Rajan
E-mail :
,
Off : 044-42620864, 044-55874684,
From India, Bangalore
Management is empowered with the discretion for earlier relief.The severance of the Contract of Service is vested both with the Management an Employee.
Good Management practice will hely you to be judged as the best Employer.Pay him the Salary till the end date of his notice period and accept the resignation right away.
With Regards
V.Sounder Rajan
E-mail :
Off : 044-42620864, 044-55874684,
From India, Bangalore
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