Dear Seniors,
Greetings,
I need your help in order to handle the mentioned case...
Case: If a person resigned from his services without mentioning in his resignation that he will serve a notice period or not (in his resignation dated 07/12/2011), but the company has signed T&C at the time of appointment agreeing upon a 1-month notice period or salary in lieu from the employee or employer at the time of resignation.
Query: If an employee wants to leave the company due to some salary grievance, mentioning that "There are many offers to me & now it is becoming hard to carry on my service. In the future, I can't stay anymore, so please accept my resignation."
So, in that case:
1. If the employer is accepting his resignation, is he liable to serve the notice period or not?
2. If the employer asks him to leave the company with immediate effect after accepting his resignation as per his mentioned reason, is the employer liable to pay him any compensation against his notice period?
3. Do the Terms & Conditions of the appointment play any role in this case, or can we treat it as mutual consent between the two parties?
What should be the plan of action as per legal terms...
Please help; it's really important for me...
Thanks & Regards
Sneha
From India, New Delhi
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Greetings,
I need your help in order to handle the mentioned case...
Case: If a person resigned from his services without mentioning in his resignation that he will serve a notice period or not (in his resignation dated 07/12/2011), but the company has signed T&C at the time of appointment agreeing upon a 1-month notice period or salary in lieu from the employee or employer at the time of resignation.
Query: If an employee wants to leave the company due to some salary grievance, mentioning that "There are many offers to me & now it is becoming hard to carry on my service. In the future, I can't stay anymore, so please accept my resignation."
So, in that case:
1. If the employer is accepting his resignation, is he liable to serve the notice period or not?
2. If the employer asks him to leave the company with immediate effect after accepting his resignation as per his mentioned reason, is the employer liable to pay him any compensation against his notice period?
3. Do the Terms & Conditions of the appointment play any role in this case, or can we treat it as mutual consent between the two parties?
What should be the plan of action as per legal terms...
Please help; it's really important for me...
Thanks & Regards
Sneha
From India, New Delhi
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You have not made it clear how long that employee has been working in the organization. Under what conditions was this salary issue raised? Has there been any discussion between the employee and management regarding the same? Conditions vary in each case, depending on how you handle the issue.
I believe you should first discuss the salary hike with management. If nothing progresses, then politely serve your notice period and depart with all the settlement. Provide them with a chance to contemplate and a reason for your departure. If you are an asset to them, they will likely not want to let you go.
From India, Mumbai
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15I believe you should first discuss the salary hike with management. If nothing progresses, then politely serve your notice period and depart with all the settlement. Provide them with a chance to contemplate and a reason for your departure. If you are an asset to them, they will likely not want to let you go.
From India, Mumbai
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1.) If employer is accepting his resignation, is he liable to serve notice period or not.
Answer: If employer is ready to accept the resignation with an understanding of valid reasoning by Employee, there is no need to serve notice period by Employee. But Employer need to take care of paycut of "short notice period" as per the procedure and this varies company to company on their own policy and procedures
2.) If employer ask him to leave the company with immediate effect after accepting his resignation as per his mentioned reason,does employer is liable to pay him any compensation against his notice period.
Answer: There is no question about asking by Employer as employee is already resigning from his/her position with any valid reason and employer agreed on it and accepting the same. But that case of resignation by employee, why employer will be liable to compensate but to cut a short notice period amount as i said above. The question about compensating by employer, is only application in the case of Termination,. lay-off etc..
3.) Does Terms & Conditions of the appointment play any role in this case or we can treat it as mutual consent between 2 parties.
Answer: See if employer is agree on reasioning by employee and ready to accept the resignation, it will automatically comes under mutual consent but cant say according to the T&C of appointment letter.
See the generally according to the terms & condition of an employment letter/contract, an employee have to serve the notice period. And If the person does not follow or serve the notice period as the T&C says, he/she needs to pay for the short period or for this lost of Employment. For example: If the notice period is 3 months and a person’s wants to leave after 2 months then he needs to pay back the Company the amount equaling to his 2 months’ salary. (It also varies company to company)
hope im clear and to the point, if you still have any question or something to know more or any clarification, please feel free to contact.
Also you can go to the side bar of this page for more related post/threads under "Similar Topics" which will help you to understand your case..
From India, Gurgaon
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Answer: If employer is ready to accept the resignation with an understanding of valid reasoning by Employee, there is no need to serve notice period by Employee. But Employer need to take care of paycut of "short notice period" as per the procedure and this varies company to company on their own policy and procedures
2.) If employer ask him to leave the company with immediate effect after accepting his resignation as per his mentioned reason,does employer is liable to pay him any compensation against his notice period.
Answer: There is no question about asking by Employer as employee is already resigning from his/her position with any valid reason and employer agreed on it and accepting the same. But that case of resignation by employee, why employer will be liable to compensate but to cut a short notice period amount as i said above. The question about compensating by employer, is only application in the case of Termination,. lay-off etc..
3.) Does Terms & Conditions of the appointment play any role in this case or we can treat it as mutual consent between 2 parties.
Answer: See if employer is agree on reasioning by employee and ready to accept the resignation, it will automatically comes under mutual consent but cant say according to the T&C of appointment letter.
See the generally according to the terms & condition of an employment letter/contract, an employee have to serve the notice period. And If the person does not follow or serve the notice period as the T&C says, he/she needs to pay for the short period or for this lost of Employment. For example: If the notice period is 3 months and a person’s wants to leave after 2 months then he needs to pay back the Company the amount equaling to his 2 months’ salary. (It also varies company to company)
hope im clear and to the point, if you still have any question or something to know more or any clarification, please feel free to contact.
Also you can go to the side bar of this page for more related post/threads under "Similar Topics" which will help you to understand your case..
From India, Gurgaon
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Dear Seniors,
Thanks for attending the query. Anil Sir, your reply is really giving direction.
But, I want to again clarify this point, Point No.1:
1.) If the employer is accepting his resignation, is he liable to serve the notice period or not. Query: If an employee is willing to serve the notice period in the same case after resignation as per T&C of the appointment but the company wants to relieve the employee with immediate effect, and doesn't want the employee to serve his notice period as they are having doubt that the employee can harm the company with his wrong intentions. What should be the plan of action in this case?
Option 1: Should the company ask the employee to leave without serving any notice and also is the company liable to pay him in this case.
Option 2: Should the company ask him to stay and not pay him against his notice period if he makes any harm to the asset or image of the company.
What appropriate action should be taken by the HR Department in this case.
Regards,
Sneha
From India, New Delhi
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Thanks for attending the query. Anil Sir, your reply is really giving direction.
But, I want to again clarify this point, Point No.1:
1.) If the employer is accepting his resignation, is he liable to serve the notice period or not. Query: If an employee is willing to serve the notice period in the same case after resignation as per T&C of the appointment but the company wants to relieve the employee with immediate effect, and doesn't want the employee to serve his notice period as they are having doubt that the employee can harm the company with his wrong intentions. What should be the plan of action in this case?
Option 1: Should the company ask the employee to leave without serving any notice and also is the company liable to pay him in this case.
Option 2: Should the company ask him to stay and not pay him against his notice period if he makes any harm to the asset or image of the company.
What appropriate action should be taken by the HR Department in this case.
Regards,
Sneha
From India, New Delhi
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Dear Sneha, to clear your doubts, let me give you an example
For example, I am an Employer and you are an employee. Now as you are willing to resign and ready to serve the notice period which is the requirement and according to the T&C of your employment, I would appreciate it. But in any case, if I feel that I should relieve you and don’t want you to stay more bcz of whatever reason, I wud ask you /or relieve immediately.
But for your information, no employer wants employee to get immediately relieved and no employee can do harm to employer bcz employee is already bound to the terms of employment that if he/she do anything like this will be liable to take legal action against him/her by the employer.
Can any employee harm or do anything wrong so easily to his/her employer? You really think that it is too easy to perform this..and what wrong one employee can supposed to do…you must read the terms & conditions of any employment letter for this and you will find the same kind of conditions which never allow any employee to do anything like this...
Your Point : If employer is accepting his resignation, is he liable to serve notice period or not?
As you (Employee) have resigned and I (Employer) also have accepted your resignation but feel that you are doing or can do anything wrong, can relieve you anytime and that wud be no question of serving the notice but with compensating if that has been according to the Terms & Conditions of employment letter bcz it is a Mutual agreement between both parties (Employee and Employer)
Hope you got your answers..
From India, Gurgaon
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For example, I am an Employer and you are an employee. Now as you are willing to resign and ready to serve the notice period which is the requirement and according to the T&C of your employment, I would appreciate it. But in any case, if I feel that I should relieve you and don’t want you to stay more bcz of whatever reason, I wud ask you /or relieve immediately.
But for your information, no employer wants employee to get immediately relieved and no employee can do harm to employer bcz employee is already bound to the terms of employment that if he/she do anything like this will be liable to take legal action against him/her by the employer.
Can any employee harm or do anything wrong so easily to his/her employer? You really think that it is too easy to perform this..and what wrong one employee can supposed to do…you must read the terms & conditions of any employment letter for this and you will find the same kind of conditions which never allow any employee to do anything like this...
Your Point : If employer is accepting his resignation, is he liable to serve notice period or not?
As you (Employee) have resigned and I (Employer) also have accepted your resignation but feel that you are doing or can do anything wrong, can relieve you anytime and that wud be no question of serving the notice but with compensating if that has been according to the Terms & Conditions of employment letter bcz it is a Mutual agreement between both parties (Employee and Employer)
Hope you got your answers..
From India, Gurgaon
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