Hi,
Just to take your valuable advise on the notice period. This employee misbehaved with his reporting manager.One of our employee tendered her resignation and mention that he will serve one month notice.
But his reporting manager would like to relieve with immediate effect. Is it legally possible.
Kindly advise.
Regards,
Sudhakar
From India, Bangalore
Just to take your valuable advise on the notice period. This employee misbehaved with his reporting manager.One of our employee tendered her resignation and mention that he will serve one month notice.
But his reporting manager would like to relieve with immediate effect. Is it legally possible.
Kindly advise.
Regards,
Sudhakar
From India, Bangalore
Dear Sudhakar,
This is a tricky question. If the employee is ready to serve the notice period, and the company wants to relieve the employee immediately. This has 2 answers:-
1. Yes you can relieve him immediately as waiving off the notice period is the management's prerogative, if and only if the employee has asked for an immediate relieving.
2. If the employee has not asked for an immediate relieving, than the company relieving him on immediate basis, without compensating the notice period, will raise another issue with the outgoing employee... Therefore advisable to compensate the balance days with salary and then relieve them.
Legally there is no problem to relieve the employee by reducing the notice period
Regards,
Ashutosh Thakre
From India, Mumbai
273This is a tricky question. If the employee is ready to serve the notice period, and the company wants to relieve the employee immediately. This has 2 answers:-
1. Yes you can relieve him immediately as waiving off the notice period is the management's prerogative, if and only if the employee has asked for an immediate relieving.
2. If the employee has not asked for an immediate relieving, than the company relieving him on immediate basis, without compensating the notice period, will raise another issue with the outgoing employee... Therefore advisable to compensate the balance days with salary and then relieve them.
Legally there is no problem to relieve the employee by reducing the notice period
Regards,
Ashutosh Thakre
From India, Mumbai
Dear Mr. Ashotosh,
Thanks for your prompt reply and advise. Kindly note that the employee would like to serve notice period but his reporting manager would like to relieve her with immediate effect.
Can we relieve him without paying the notice period or is there any legal complication.
Regards,
Sudhakar
From India, Bangalore
Thanks for your prompt reply and advise. Kindly note that the employee would like to serve notice period but his reporting manager would like to relieve her with immediate effect.
Can we relieve him without paying the notice period or is there any legal complication.
Regards,
Sudhakar
From India, Bangalore
Legally there is no problem, you can relieve the employee, without paying any notice period compensation, but this would not follow natural justice.
The outgoing employee is your biggest brand ambassador. Therefore thou legally there will be no problem, the person will never speak good in terms of the company with anyone outside.
Regards.
Ashutosh Thakre
From India, Mumbai
The outgoing employee is your biggest brand ambassador. Therefore thou legally there will be no problem, the person will never speak good in terms of the company with anyone outside.
Regards.
Ashutosh Thakre
From India, Mumbai
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