Normally, termination of employment can take place under three circumstances:
1. At the option of the employee, such as resignation.
2. By the employer exercising the options of discharge simpliciter or retrenchment or dismissal on charges of misconduct.
3. By the operation of the provisions relating to the termination of the contract of employment, such as attainment of the age of superannuation by the employee or the expiry of the predetermined period of the contract.
However, the necessity of giving notice of termination or payment of notice salary in lieu thereof, as stipulated in the contract of employment, arises only in the case of resignation, discharge simpliciter, and retrenchment. Resignation by the employee will take effect only when it is accepted by the employer subject to fulfillment of notice conditions. Discharge and retrenchment would be legal only with the compliance of the precedential conditions of notice and compensation.
Coming to the facts of the original post in the thread, the resignation of the employee was not accepted by the Management. Instead, he was asked to report for duty. On his failure, the Management terminated his services on the presumption of abandonment of services. Therefore, it is a punitive termination or dismissal at the option of the employer. In my opinion, the notice period obligation of the delinquent employee pales into insignificance in the light of the punitive termination effected by the employer at his option, and his demand for payment of notice salary is unsustainable.
From India, Salem
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61081. At the option of the employee, such as resignation.
2. By the employer exercising the options of discharge simpliciter or retrenchment or dismissal on charges of misconduct.
3. By the operation of the provisions relating to the termination of the contract of employment, such as attainment of the age of superannuation by the employee or the expiry of the predetermined period of the contract.
However, the necessity of giving notice of termination or payment of notice salary in lieu thereof, as stipulated in the contract of employment, arises only in the case of resignation, discharge simpliciter, and retrenchment. Resignation by the employee will take effect only when it is accepted by the employer subject to fulfillment of notice conditions. Discharge and retrenchment would be legal only with the compliance of the precedential conditions of notice and compensation.
Coming to the facts of the original post in the thread, the resignation of the employee was not accepted by the Management. Instead, he was asked to report for duty. On his failure, the Management terminated his services on the presumption of abandonment of services. Therefore, it is a punitive termination or dismissal at the option of the employer. In my opinion, the notice period obligation of the delinquent employee pales into insignificance in the light of the punitive termination effected by the employer at his option, and his demand for payment of notice salary is unsustainable.
From India, Salem
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