Hi Seniors,
I am keen to know that one employee is comes under our employment policy after joining the company, in that case where employee has resigned before completing his one month with the company without serving any notice to the company.
Should we recover our company notice?
From India, New Delhi
2I am keen to know that one employee is comes under our employment policy after joining the company, in that case where employee has resigned before completing his one month with the company without serving any notice to the company.
Should we recover our company notice?
From India, New Delhi
Dear Gaurav,
If a particular policy of any organization relating to statutory or contractual service conditions of its employees within the spectrum of their tenure from entry to exit does not get reflected in the contract of employment, the employer can not legally insist it. Particularly, as far as I know, the unilateral termination of employment by resignation does not have any statutory restrictions. Therefore, unless there is a specific clause in the orders of appointment or servive regulations providing for certain notice period in the event of resignation or buy-out option in lieu thereof, the employer can not effect any recovery other than treating such an employee as an absconder.
From India, Salem
If a particular policy of any organization relating to statutory or contractual service conditions of its employees within the spectrum of their tenure from entry to exit does not get reflected in the contract of employment, the employer can not legally insist it. Particularly, as far as I know, the unilateral termination of employment by resignation does not have any statutory restrictions. Therefore, unless there is a specific clause in the orders of appointment or servive regulations providing for certain notice period in the event of resignation or buy-out option in lieu thereof, the employer can not effect any recovery other than treating such an employee as an absconder.
From India, Salem
I really appreciate your words sir but we have one certain clause in appointment letter which is clearly relate to notice period or in lieu of notice. Now in this case what can I do Sir?
From India, New Delhi
From India, New Delhi
Dear Gaurav,
In an employment contract, submission of resignation letter by the employee may be the starting point of the unilateral termination of the contract from his/her end. But the formal acceptance of resignation by the employer subject to the conditions of notice imposed on the part of the employee as mentioned in the contract is the process that actually sets the resignation into motion. If the notice condition provides for the option of serving the notice period in entirety or partial/complete buy-out by the employee, he/she should fulfill it by electing anyone according to his necessity. However, the employer has the discretion to accept the buy-out option of the employee or modify it or reject on the basis of the exigencies of work or waive it totally. Then only, the process gets completed with the formal relief of the employee from the organization.
On the contrary, if the employee simply quits the organization on his own soon after the submission of his resignation without waiting for the formal acceptance by the employer or after intimation to fulfill the notice condition in a particular manner, it amounts to abandonment of service which is a misconduct to be dealt with severely by the employer resulting in the employee's dismissal so as to adversely affect his future employment elsewhere.
Your post does not mention specifically anything about the response of the employer after the letter of resignation. The possible inference, therefore, could be that the employee simply walked away after submitting his/her resignation. In such a situation, the employee has voluntarily subjected himself/herself to disciplinary action for technically still he/she remains in the employment of the organization.
Therefore, the employer can ask him to pay the notice salary as fixed in the contract of employment or terminate his services after a formal disciplinary proceedings.
In case, the employee was formally relieved immediately after his resignation, it amounts to tacit waiver of notice condition and acceptance of the resignation in which case the employer can not go after the employee now.
From India, Salem
In an employment contract, submission of resignation letter by the employee may be the starting point of the unilateral termination of the contract from his/her end. But the formal acceptance of resignation by the employer subject to the conditions of notice imposed on the part of the employee as mentioned in the contract is the process that actually sets the resignation into motion. If the notice condition provides for the option of serving the notice period in entirety or partial/complete buy-out by the employee, he/she should fulfill it by electing anyone according to his necessity. However, the employer has the discretion to accept the buy-out option of the employee or modify it or reject on the basis of the exigencies of work or waive it totally. Then only, the process gets completed with the formal relief of the employee from the organization.
On the contrary, if the employee simply quits the organization on his own soon after the submission of his resignation without waiting for the formal acceptance by the employer or after intimation to fulfill the notice condition in a particular manner, it amounts to abandonment of service which is a misconduct to be dealt with severely by the employer resulting in the employee's dismissal so as to adversely affect his future employment elsewhere.
Your post does not mention specifically anything about the response of the employer after the letter of resignation. The possible inference, therefore, could be that the employee simply walked away after submitting his/her resignation. In such a situation, the employee has voluntarily subjected himself/herself to disciplinary action for technically still he/she remains in the employment of the organization.
Therefore, the employer can ask him to pay the notice salary as fixed in the contract of employment or terminate his services after a formal disciplinary proceedings.
In case, the employee was formally relieved immediately after his resignation, it amounts to tacit waiver of notice condition and acceptance of the resignation in which case the employer can not go after the employee now.
From India, Salem
Sir, the employee left office without knowing acceptance on his resignation from concern person. He just put resign and left away from office in the evening and second day we came to know such things when employee didn't come office.
In this case, Should we follow our employment conditions?
From India, New Delhi
In this case, Should we follow our employment conditions?
From India, New Delhi
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