Yes, Sanjeev sir, I agree with what you said. But what if the employee is already on a warning period? In such a case, does the company possess the right to remove him? So, now, does the company still have to pay for his notice period as well?
From India, Mumbai
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Ms. Samita,

It is the employee's desire to leave the services. You are not making that decision. Since it is his decision, he needs to fulfill the condition of serving the notice period, not you. Under the circumstances, you are doing him a favor by waiving the notice period; therefore, you do not need to pay him any notice period. He will be earning a salary in the new company where he is going to join. Only when you decide to terminate the services of an employee, you need to give notice as specified in the appointment order and pay in lieu of such notice period, not otherwise. I hope I have made the matter clear.

Best of luck.

Joga Rao Head - HR, IR & ADMIN

From India, Eluru
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