Dear Friends,
I have one query related to notice period at the time of resignation. As per the clause if the organization wants to terminate the the employment has to give a 45 days notice or payment in lieu of and the same is applicable if the employee wants to resign.
Now, say one employee has resigned and has given 45 days notice to company but company doesn’t want him to be there for 45 days and wants to relieve him within 10 days of his resignation. In that case does the company need to pay him for rest 30 days as he was ready to serve the stipulated notice period but the company doesn’t want him and asked him to leave.
Pls let me know.
Regards,
Sweta
From India, Hyderabad
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3I have one query related to notice period at the time of resignation. As per the clause if the organization wants to terminate the the employment has to give a 45 days notice or payment in lieu of and the same is applicable if the employee wants to resign.
Now, say one employee has resigned and has given 45 days notice to company but company doesn’t want him to be there for 45 days and wants to relieve him within 10 days of his resignation. In that case does the company need to pay him for rest 30 days as he was ready to serve the stipulated notice period but the company doesn’t want him and asked him to leave.
Pls let me know.
Regards,
Sweta
From India, Hyderabad
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Hi,
If an employee is willing to serve the notice period and if the company is not willing to accommodate him inside the premises during the post-resignation period, then there are two options at least:
1. HR can provide paid leave to the employee during the notice period. In this case, you can ask him to collect the relieving order once he completes the period of notice.
2. You can provide the salary and relieve the employee for the remaining period of notice.
Unless there is any disciplinary action taken against the employee, you cannot deny this.
Regards,
Vijayakumar
From India, Coimbatore
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If an employee is willing to serve the notice period and if the company is not willing to accommodate him inside the premises during the post-resignation period, then there are two options at least:
1. HR can provide paid leave to the employee during the notice period. In this case, you can ask him to collect the relieving order once he completes the period of notice.
2. You can provide the salary and relieve the employee for the remaining period of notice.
Unless there is any disciplinary action taken against the employee, you cannot deny this.
Regards,
Vijayakumar
From India, Coimbatore
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Hi Sweta.. Very true said by Vijaya.. Company must pay him the salary of Notice period as well as his Earned leave balance.. Regards, Amit Seth.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Vijay Kumar & Amit,
I have some questions on this - Why can't the company ignore it? Can it waive the notice period, right? If we state that you need to serve a 45-day notice period unless the company waives it, will there be any implications? Please let me know.
Regards, Sweta
From India, Hyderabad
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I have some questions on this - Why can't the company ignore it? Can it waive the notice period, right? If we state that you need to serve a 45-day notice period unless the company waives it, will there be any implications? Please let me know.
Regards, Sweta
From India, Hyderabad
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The employer is under no legal obligation to retain the employee for the entire notice period once he or she has tendered the resignation. The employer can relieve the employee the very same day if they want, without having to pay any monetary compensation.
The employer MAY permit the employee to continue for the entire notice period, pay compensation if they ask the employee to leave forthwith, or grant him/her leave, etc., but all these are purely discretionary. The employee, unfortunately, has no legal right to demand that the company retain him for the entire notice period or pay salary for the notice period instead.
From India, Mumbai
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The employer MAY permit the employee to continue for the entire notice period, pay compensation if they ask the employee to leave forthwith, or grant him/her leave, etc., but all these are purely discretionary. The employee, unfortunately, has no legal right to demand that the company retain him for the entire notice period or pay salary for the notice period instead.
From India, Mumbai
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Dear Amit,
Please guide me on what should be done in case the employee has been given one month's notice by the company, stating that his services are not required. Is it mandatory for the employee to serve the one-month notice? This situation occurred in our organization, and the employee mentioned that the notice is from your side, and that they need to search for a job. They requested pay for the month and expressed a desire not to work for the full duration of the notice period. I need assistance with this.
Regards,
Anjali
From India, Gurgaon
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Please guide me on what should be done in case the employee has been given one month's notice by the company, stating that his services are not required. Is it mandatory for the employee to serve the one-month notice? This situation occurred in our organization, and the employee mentioned that the notice is from your side, and that they need to search for a job. They requested pay for the month and expressed a desire not to work for the full duration of the notice period. I need assistance with this.
Regards,
Anjali
From India, Gurgaon
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Dear Anjali,
The company gives the notice period to employees to search for a job, actually. Employees give notice period to look for another person and hand over the responsibilities. So, definitely if the company is giving him notice, then they must give him time to search for a job. Mostly, the company pays one month's salary in advance and tells them to leave the organization.
Regards,
Amit Seth
From India, Ahmadabad
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The company gives the notice period to employees to search for a job, actually. Employees give notice period to look for another person and hand over the responsibilities. So, definitely if the company is giving him notice, then they must give him time to search for a job. Mostly, the company pays one month's salary in advance and tells them to leave the organization.
Regards,
Amit Seth
From India, Ahmadabad
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Dear Amit,
I need a slight clarification regarding the pay of the notice period. We have a policy of a notice period for one month, and the payday is the 7th of every month, i.e., we disburse the salary on the 7th of every month for the 1st-31st of the month. I need the following clarification: What should ideally be the payment date if an employee has served a one-month notice period? Should it be after 30 days or 45 days from the relieving date?
Then, suppose a person has submitted their resignation on August 14, and their last working day is September 13. Should the salary from the 1st to the 13th of August be settled in the month of August and disbursed, and from the 14th of August to the 13th of September be disbursed on October 13, OR should the salary from the 1st of August till the 13th of September be disbursed on October 13? Is this process correct, or are there other alternatives? Please guide me ASAP.
Regards,
Anita
From India, New Delhi
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I need a slight clarification regarding the pay of the notice period. We have a policy of a notice period for one month, and the payday is the 7th of every month, i.e., we disburse the salary on the 7th of every month for the 1st-31st of the month. I need the following clarification: What should ideally be the payment date if an employee has served a one-month notice period? Should it be after 30 days or 45 days from the relieving date?
Then, suppose a person has submitted their resignation on August 14, and their last working day is September 13. Should the salary from the 1st to the 13th of August be settled in the month of August and disbursed, and from the 14th of August to the 13th of September be disbursed on October 13, OR should the salary from the 1st of August till the 13th of September be disbursed on October 13? Is this process correct, or are there other alternatives? Please guide me ASAP.
Regards,
Anita
From India, New Delhi
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Dear Amit,
I need a slight clarification regarding the pay of the notice period. We have a policy of a notice period for one month and the pay day is the 7th of every month, i.e., we disburse the salary on the 7th of every month for the 1st-31st of the month.
I need the following clarification: What should ideally be the payment date if an employee has served a one-month notice period? Should it be after 30 days or 45 days from the relieving date and settled in the full and final?
For example, if a person has handed in their resignation on August 14 and their last working day is September 13, should the salary from the 1st to the 13th of August be settled in the month of August and disbursed, and from the 14th of August to the 13th of September be disbursed on October 13 in the full and final settlement?
OR
Should the salary from the 1st of August till the 13th of September be disbursed on October 13? Is this process correct, or are there other alternatives? Please guide me ASAP.
Regards,
Anita
From India, New Delhi
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I need a slight clarification regarding the pay of the notice period. We have a policy of a notice period for one month and the pay day is the 7th of every month, i.e., we disburse the salary on the 7th of every month for the 1st-31st of the month.
I need the following clarification: What should ideally be the payment date if an employee has served a one-month notice period? Should it be after 30 days or 45 days from the relieving date and settled in the full and final?
For example, if a person has handed in their resignation on August 14 and their last working day is September 13, should the salary from the 1st to the 13th of August be settled in the month of August and disbursed, and from the 14th of August to the 13th of September be disbursed on October 13 in the full and final settlement?
OR
Should the salary from the 1st of August till the 13th of September be disbursed on October 13? Is this process correct, or are there other alternatives? Please guide me ASAP.
Regards,
Anita
From India, New Delhi
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Hi! Is it possible that the employer DOES NOT pay anything during the notice period? That is illegal right?
From India, Delhi
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From India, Delhi
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Dear All,
If the employee is quitting at the instance of the Company, then the Company may not retain him for 45 days, and the Company, as a good gesture, should pay him the salary for the notice period. However, if the employee has been asked to leave for misconduct/fraudulent activities, the Company has every right to decline to pay the salary for the notice period. If an employee has tendered his resignation under such circumstances, the Company may decline to pay the notice period salary and ask him to go before the expiry of the notice period. The employee cannot do anything if such a situation arises, but he can take the employer to court if his appointment letter states that 45 days' notice from both sides is required in case of resignation or retrenchment.
From India, Calcutta
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If the employee is quitting at the instance of the Company, then the Company may not retain him for 45 days, and the Company, as a good gesture, should pay him the salary for the notice period. However, if the employee has been asked to leave for misconduct/fraudulent activities, the Company has every right to decline to pay the salary for the notice period. If an employee has tendered his resignation under such circumstances, the Company may decline to pay the notice period salary and ask him to go before the expiry of the notice period. The employee cannot do anything if such a situation arises, but he can take the employer to court if his appointment letter states that 45 days' notice from both sides is required in case of resignation or retrenchment.
From India, Calcutta
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Hi,
My friend resigned on 10 Feb 2010 and was supposed to serve a month's notice period until 9 Mar 2010. However, his employer asked him to leave within 5 days, i.e., on 15 Feb 2010.
a) In this case, will the employer need to pay for the remaining notice period, i.e., till 9 Mar 2010?
b) What will be the last working day for my friend on the relieving letter? Will it be 15 Feb 2010 or will it be 9 Mar 2010?
Please, can anyone help me with this?
Regards,
Rahul
From India, Mumbai
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My friend resigned on 10 Feb 2010 and was supposed to serve a month's notice period until 9 Mar 2010. However, his employer asked him to leave within 5 days, i.e., on 15 Feb 2010.
a) In this case, will the employer need to pay for the remaining notice period, i.e., till 9 Mar 2010?
b) What will be the last working day for my friend on the relieving letter? Will it be 15 Feb 2010 or will it be 9 Mar 2010?
Please, can anyone help me with this?
Regards,
Rahul
From India, Mumbai
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Termination from Employment.pdf