As per the HR policies of your company, they probably might have relieved you immediately without asking you to serve the complete notice period. Some companies follow an exit policy like this: "If management considers it appropriate that, in the interest of the company, an employee need not be given the opportunity to serve the full notice period."
Also, at times when you confront and insist on salary for the unserved notice period, they might send you on outstation duty for most of the notice period. This would serve no purpose for you.
From India, Bangalore
Also, at times when you confront and insist on salary for the unserved notice period, they might send you on outstation duty for most of the notice period. This would serve no purpose for you.
From India, Bangalore
Agree with Point #1. Disagree with Point #2.
Most of the time, it is the responsibility of the management to get work out from someone whom it has hired. Labeling them later as 'deadwood' is shying away from responsibility. And if at all the management wants to get rid of such non-performers, it must have the courage to tell it on face, rather than keep waiting for them to resign and then relieve them immediately, denying them their dues for the notice period that they wanted to serve. Notice period is a mutual condition of employment, which needs to be adhered to by both parties. Hope I make sense. PD
From India, Delhi
26Most of the time, it is the responsibility of the management to get work out from someone whom it has hired. Labeling them later as 'deadwood' is shying away from responsibility. And if at all the management wants to get rid of such non-performers, it must have the courage to tell it on face, rather than keep waiting for them to resign and then relieve them immediately, denying them their dues for the notice period that they wanted to serve. Notice period is a mutual condition of employment, which needs to be adhered to by both parties. Hope I make sense. PD
From India, Delhi
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From India, Mumbai
I'll give 1 site ...go through it...its good..
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u can search consultant city wise & area wise. this not only for consultant but aslo anything u can search in metro city...
From India, Mumbai
Dear Varsha,
I will give u 1 site......go through it...
It’s good…& value added
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From India, Mumbai
I will give u 1 site......go through it...
It’s good…& value added
asklaila - India's local information service.
u can search consultant city wise & area wise. this is not only for consultant but also anything u can search................
Regards,
Yogs
From India, Mumbai
As per the terms of appointment, if an employee resigns, he is required to give a month's notice to the employer. In this case, the employer did not insist on a notice period and relieved the employee. Where is the question of the employer giving the employee a notice pay?
In case the employer terminates the services of the employee and gives him a month's notice, but the employee wants to get relieved immediately. By your logic, the employee will have to pay notice pay to the employer for early relieving. Is this what you mean when you say "Notice period is a mutual condition of employment, which needs to be adhered to by both parties."
Thanks & Regards
Agree with Point #1.
Disagree with Point #2.
Most of the time, it is the responsibility of the Management to get work from someone whom it has hired. Labeling them later as 'deadwood' is shying away from responsibility. And if at all the Management wants to get rid of such non-performers, it must have the courage to tell it on the face, rather than keep waiting for them to resign and then relieve them immediately, denying them their dues for the notice period that they wanted to serve.
Notice period is a mutual condition of employment, which needs to be adhered to by both parties.
Hope I make sense.
PD
From India, Pune
In case the employer terminates the services of the employee and gives him a month's notice, but the employee wants to get relieved immediately. By your logic, the employee will have to pay notice pay to the employer for early relieving. Is this what you mean when you say "Notice period is a mutual condition of employment, which needs to be adhered to by both parties."
Thanks & Regards
Agree with Point #1.
Disagree with Point #2.
Most of the time, it is the responsibility of the Management to get work from someone whom it has hired. Labeling them later as 'deadwood' is shying away from responsibility. And if at all the Management wants to get rid of such non-performers, it must have the courage to tell it on the face, rather than keep waiting for them to resign and then relieve them immediately, denying them their dues for the notice period that they wanted to serve.
Notice period is a mutual condition of employment, which needs to be adhered to by both parties.
Hope I make sense.
PD
From India, Pune
Hi,
Salary deduction in the circumstances as described by you is not justified. If you like, you may serve them a legal notice through your counsel. Decide for yourself whether you would like to take all this hassle and extra expenses.
Best, Jai
From India
Salary deduction in the circumstances as described by you is not justified. If you like, you may serve them a legal notice through your counsel. Decide for yourself whether you would like to take all this hassle and extra expenses.
Best, Jai
From India
Hi,
Please understand that normally any company would follow these procedures:
1. In the case of resignation, waiving the notice period is the management's right because, in many instances, a resigned employee has proven to be a nuisance as they are certain about leaving the company. This certainty often leads them to make many demotivating comments that can impact other employees.
2. If the company decides to terminate an employee, then they are obligated to provide notice or payment in lieu. In your situation, if they have deducted the balance days of your notice period from your salary, that is incorrect. However, if they have not paid for the remaining days of your notice period, that is acceptable.
Best regards,
Vengatesan
Please understand that normally any company would follow these procedures:
1. In the case of resignation, waiving the notice period is the management's right because, in many instances, a resigned employee has proven to be a nuisance as they are certain about leaving the company. This certainty often leads them to make many demotivating comments that can impact other employees.
2. If the company decides to terminate an employee, then they are obligated to provide notice or payment in lieu. In your situation, if they have deducted the balance days of your notice period from your salary, that is incorrect. However, if they have not paid for the remaining days of your notice period, that is acceptable.
Best regards,
Vengatesan
My dear Vkokamthankar,
Your logic is wrong, and you KNOW it.
Let me quote you and explain. Your remarks are in blue italics.
I shall take your Second Para first:
You say - "In case the employer terminates the services of an employee and gives him a month's notice, but the employee wants to get relieved immediately. By your logic, the employee will have to pay notice pay to the employer for early relieving."
In MY Humble Opinion: Yes, perfectly right. To repeat: In the case the employer terminates the services of an employee, then the employer gives one month's notice pay (one month or two or three; depending on the T & C).
Similarly, if the employee wants to get relieved immediately, he will have to pay notice pay to the employer (or rather LOSES the notice pay in his Full & Final Settlement).
Now, let us consider your First Para; where you have been CONSISTENTLY WRONG in both your posts:
You say - "As per the terms of appointment, if an employee resigns, he is required to give a month's notice to the employer. In this case, the employer did not insist on the notice period and relieved the employee. Where is a question of the employer giving the employee a notice pay?"
In MY Humble Opinion: THIS IS THE INTERESTING PART. There can be two situations:
SITUATION 1: Employee resigns giving one month's notice BUT REQUESTS TO BE RELIEVED EARLIER (WAIVING THE NOTICE PERIOD).
Here, the employer CAN relieve him IMMEDIATELY or ASAP, without giving any notice pay; (because it is as per the request of the employee)
SITUATION 2: Herein lies the rub. When an employee resigns giving one month's notice, say, for example, he wants to be relieved on the 30th of August, it means he has complied with your requirement as he DESIRES to continue for one month AS PER THE TERMS AND CONDITIONS.
Now, as an Employer, if you are ANNOYED, then you can relieve him immediately. But in this case, since YOU ARE relieving him of your own accord, volition, desire, wish, etc. therefore, YOU ARE REQUIRED TO PAY HIM NOTICE PAY.
I hope I have made myself clear. JUST BECAUSE AN EMPLOYEE SUBMITS A RESIGNATION LETTER; IT DOES NOT ENTITLE YOU TO RELIEVE/DISMISS HIM SUMMARILY AND IMMEDIATELY.
I am sure you subscribe to the Principles of Natural Justice and Business Ethics, apart from other applicable laws of the land.
I have great expectations from you, as a torch-bearer of the HR profession, since you have 15 years of experience and work in an educational institution. I shall be expecting more thoughtful, insightful, illuminating posts from you in the future.
Regards.
As per the terms of appointment, if an employee resigns, he is required to give a month's notice to the employer. In this case, the employer did not insist on the notice period and relieved the employee. Where is a question of the employer giving the employee a notice pay?
In case the employer terminates the services of an employee and gives him a month's notice, but the employee wants to get relieved immediately. By your logic, the employee will have to pay notice pay to the employer for early relieving. Is this what you mean when you say "Notice period is a mutual condition of employment, which needs to be adhered to by both parties."
Thanks & Regards
From India, Delhi
Your logic is wrong, and you KNOW it.
Let me quote you and explain. Your remarks are in blue italics.
I shall take your Second Para first:
You say - "In case the employer terminates the services of an employee and gives him a month's notice, but the employee wants to get relieved immediately. By your logic, the employee will have to pay notice pay to the employer for early relieving."
In MY Humble Opinion: Yes, perfectly right. To repeat: In the case the employer terminates the services of an employee, then the employer gives one month's notice pay (one month or two or three; depending on the T & C).
Similarly, if the employee wants to get relieved immediately, he will have to pay notice pay to the employer (or rather LOSES the notice pay in his Full & Final Settlement).
Now, let us consider your First Para; where you have been CONSISTENTLY WRONG in both your posts:
You say - "As per the terms of appointment, if an employee resigns, he is required to give a month's notice to the employer. In this case, the employer did not insist on the notice period and relieved the employee. Where is a question of the employer giving the employee a notice pay?"
In MY Humble Opinion: THIS IS THE INTERESTING PART. There can be two situations:
SITUATION 1: Employee resigns giving one month's notice BUT REQUESTS TO BE RELIEVED EARLIER (WAIVING THE NOTICE PERIOD).
Here, the employer CAN relieve him IMMEDIATELY or ASAP, without giving any notice pay; (because it is as per the request of the employee)
SITUATION 2: Herein lies the rub. When an employee resigns giving one month's notice, say, for example, he wants to be relieved on the 30th of August, it means he has complied with your requirement as he DESIRES to continue for one month AS PER THE TERMS AND CONDITIONS.
Now, as an Employer, if you are ANNOYED, then you can relieve him immediately. But in this case, since YOU ARE relieving him of your own accord, volition, desire, wish, etc. therefore, YOU ARE REQUIRED TO PAY HIM NOTICE PAY.
I hope I have made myself clear. JUST BECAUSE AN EMPLOYEE SUBMITS A RESIGNATION LETTER; IT DOES NOT ENTITLE YOU TO RELIEVE/DISMISS HIM SUMMARILY AND IMMEDIATELY.
I am sure you subscribe to the Principles of Natural Justice and Business Ethics, apart from other applicable laws of the land.
I have great expectations from you, as a torch-bearer of the HR profession, since you have 15 years of experience and work in an educational institution. I shall be expecting more thoughtful, insightful, illuminating posts from you in the future.
Regards.
As per the terms of appointment, if an employee resigns, he is required to give a month's notice to the employer. In this case, the employer did not insist on the notice period and relieved the employee. Where is a question of the employer giving the employee a notice pay?
In case the employer terminates the services of an employee and gives him a month's notice, but the employee wants to get relieved immediately. By your logic, the employee will have to pay notice pay to the employer for early relieving. Is this what you mean when you say "Notice period is a mutual condition of employment, which needs to be adhered to by both parties."
Thanks & Regards
From India, Delhi
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