Dear Mr. Dhingra,
Even if there is no Appointment Letter, there is always some law in operation, provisions of which will apply.
For instance in Delhi, the Shops Act clearly stipulates that "One Month's Notice Period" applies after three months of regular employment.
As HR practitioners we are morally bound to adopt a fair and ethical approach to matters pertaining to the "Manpower Compliment"
Cheers!!!!
Vasant Nair
From India, Mumbai
90Even if there is no Appointment Letter, there is always some law in operation, provisions of which will apply.
For instance in Delhi, the Shops Act clearly stipulates that "One Month's Notice Period" applies after three months of regular employment.
As HR practitioners we are morally bound to adopt a fair and ethical approach to matters pertaining to the "Manpower Compliment"
Cheers!!!!
Vasant Nair
From India, Mumbai
Dear All,
My Colleague has given resignation on 23rd jan,and he has not completed one year of his job and company is not accepting his resignation letter and he is not interested in staying,but now the question is what will be his notice period for reliving and if it is 2mths and if he is ready to work, is his salary to be given for the coming month.pls help me.how to do settlement.
From India, Bangalore
My Colleague has given resignation on 23rd jan,and he has not completed one year of his job and company is not accepting his resignation letter and he is not interested in staying,but now the question is what will be his notice period for reliving and if it is 2mths and if he is ready to work, is his salary to be given for the coming month.pls help me.how to do settlement.
From India, Bangalore
Dear All,
According to you we need to pay his Jan salary and final settlement will be done at the time of reliving.
If it is 2mths notice,but if management does not agree to pay his jan salary what can be done ?
Pls help me.
From India, Bangalore
According to you we need to pay his Jan salary and final settlement will be done at the time of reliving.
If it is 2mths notice,but if management does not agree to pay his jan salary what can be done ?
Pls help me.
From India, Bangalore
Respected Gupta ji,
With due regard, kindly review your reply in view of the question, as the question does not make any mention that the employee has agreed to join the new company on 15th February instead of 1st April.
The question here was:
"Say an employee resigns from the services of the organisation on 1st February and having a 2 month notice period, agrees to be relieved on 1st April after giving the appropriate handover.
If the organisation feels that the employee can finish the handover activities by 15th February and asks the employee to leave to join his/her new job - is the organisation liable to pay for the remaining notice period to the employee?"
That intends to say the employee has agreed to be relieved on 1st April, not to join the new company on 15th February. The only proposal from the present company for him is to hand over the charge by 15th February.
Your reply seems to be valid only in the case where the employee would have agreed to join or would have joined on 15th February only with the consent of the new company to allow him join on that date and that too when the question of suing by employee comes to fore.
From the question of the member, it clearly seems to be a current issue and the date of 15 February has yet to come when the employee is proposed to be discharged.
Regards
PS Dhingra
From India, Delhi
With due regard, kindly review your reply in view of the question, as the question does not make any mention that the employee has agreed to join the new company on 15th February instead of 1st April.
The question here was:
"Say an employee resigns from the services of the organisation on 1st February and having a 2 month notice period, agrees to be relieved on 1st April after giving the appropriate handover.
If the organisation feels that the employee can finish the handover activities by 15th February and asks the employee to leave to join his/her new job - is the organisation liable to pay for the remaining notice period to the employee?"
That intends to say the employee has agreed to be relieved on 1st April, not to join the new company on 15th February. The only proposal from the present company for him is to hand over the charge by 15th February.
Your reply seems to be valid only in the case where the employee would have agreed to join or would have joined on 15th February only with the consent of the new company to allow him join on that date and that too when the question of suing by employee comes to fore.
From the question of the member, it clearly seems to be a current issue and the date of 15 February has yet to come when the employee is proposed to be discharged.
Regards
PS Dhingra
From India, Delhi
Dear All,
If in the above case that I mentioned, the new employer is willing to accept the employee at an earlier date does the old employer still need to pay the remaining notice period to the employee?
Also if the appointment letter states that in the case of resignation by the employee the last working day would be finalized by the organisation - is the organisation liable to pay the remaining notice period?
Regards,
Chanchal
From India, Mumbai
If in the above case that I mentioned, the new employer is willing to accept the employee at an earlier date does the old employer still need to pay the remaining notice period to the employee?
Also if the appointment letter states that in the case of resignation by the employee the last working day would be finalized by the organisation - is the organisation liable to pay the remaining notice period?
Regards,
Chanchal
From India, Mumbai
No the employer does not need to pay for that remaining period if the first situation occurs.
Ans. of 2nd para
One can write the words in the appointment letters, but at the time of notice period employer has to inform that employee. one can not relive an employee even after 48 hrs. of accepting a notice on the ground that there is a note in appointment letter.
From India, Bombay
Ans. of 2nd para
One can write the words in the appointment letters, but at the time of notice period employer has to inform that employee. one can not relive an employee even after 48 hrs. of accepting a notice on the ground that there is a note in appointment letter.
From India, Bombay
Once an employee resigns, for reasons of organisational security, protection of Intellectual Property rights and also to bring in the replacement as early as possible, management may choose to releive him or her earlier than the date of concluding the notice period.
The intention of the employee to leave the job is clear and he or she cannot expect the employer to be anymore sympathetic. Look at the condition, when the employee is willing to pay-up the salary in lieu of the Notice Period and leave earlier than the due date of relief. Therefore, for organisational reasons, the employer may choose to relieve the persons much before the actual closure of the Notice period and is well within his rights to do so. There would not be any need to compensate the employee. If he loses, so be it. These are the risks he or she has to take. There are cases, where the employee after submitting the resignation in writing, on second thoughts chooses to withdraw the same. The employer may or may not be willing to comply with the request of withdrawal. Therefore, once the employee submits his resignation, he has lost the lien on his job for all practical purposes and accept the enevitable release earlier or on the dot.
EIRVALSA
From India, Madras
The intention of the employee to leave the job is clear and he or she cannot expect the employer to be anymore sympathetic. Look at the condition, when the employee is willing to pay-up the salary in lieu of the Notice Period and leave earlier than the due date of relief. Therefore, for organisational reasons, the employer may choose to relieve the persons much before the actual closure of the Notice period and is well within his rights to do so. There would not be any need to compensate the employee. If he loses, so be it. These are the risks he or she has to take. There are cases, where the employee after submitting the resignation in writing, on second thoughts chooses to withdraw the same. The employer may or may not be willing to comply with the request of withdrawal. Therefore, once the employee submits his resignation, he has lost the lien on his job for all practical purposes and accept the enevitable release earlier or on the dot.
EIRVALSA
From India, Madras
Dear Eirvalsa,
Better if you please come up with some legal provision in support of your reply that may overrule the conditions of the agreement with the employee on the issue of notice period, in particular reference to your following statement --
"Therefore, for organisational reasons, the employer may choose to relieve the persons much before the actual closure of the Notice period and is well within his rights to do so. There would not be any need to compensate the employee."
This would help the community members to enhance their knowledge in respect of what you made a mention of.
So far I know, neither the question nor supplementary question of Ms. Chanchal indicates any such serious state of security or any other serious reason of the organisation arising out of the resignation notice of the employee.
I am of the opinion that instead of complicating the issue we need to fulfill the exact need of the occasion rather than presuming several things by adopting only negative approach. It is good to be cautious, but it is always dangerous to be over-cautious without any reason behind the issue and make the very simple issues very complicated some times.
PS Dhingra
Transformation & Vigilance Management Consultant
Dhingra Consultancy Group
New Delhi
[dcgroup1962@gmail.com]
From India, Delhi
Better if you please come up with some legal provision in support of your reply that may overrule the conditions of the agreement with the employee on the issue of notice period, in particular reference to your following statement --
"Therefore, for organisational reasons, the employer may choose to relieve the persons much before the actual closure of the Notice period and is well within his rights to do so. There would not be any need to compensate the employee."
This would help the community members to enhance their knowledge in respect of what you made a mention of.
So far I know, neither the question nor supplementary question of Ms. Chanchal indicates any such serious state of security or any other serious reason of the organisation arising out of the resignation notice of the employee.
I am of the opinion that instead of complicating the issue we need to fulfill the exact need of the occasion rather than presuming several things by adopting only negative approach. It is good to be cautious, but it is always dangerous to be over-cautious without any reason behind the issue and make the very simple issues very complicated some times.
PS Dhingra
Transformation & Vigilance Management Consultant
Dhingra Consultancy Group
New Delhi
[dcgroup1962@gmail.com]
From India, Delhi
Dear eirvalsa
I agree with Mr. Dhingra's comments on your post.
Your opinions appear contrary to any HR policy, ethics or natural justice;
especially your views that "Therefore, once the employee submits his resignation, he has lost the lien on his job for all practical purposes and accept the enevitable release earlier or on the dot."
It implies that once an employee submit resignation, his services can be terminated immediately, on-the-spot !!!
I suggest you need to re-think on what you have written; as I do not wish to assume that you do not have sufficient knowledge of HRM or your organization has no policy or ethical outlook towards their employees.
In case one has to accept your arguments about " for reasons of organisational security, protection of Intellectual Property rights and also to bring in the replacement as early as possible, management may choose to releive him or her earlier.." what is your organizations viewpoint about superannuating employees?? It is well known that they are going to retire on a particular date. So does your organization, "for reasons of organisational security, protection of Intellectual Property rights", dispense off their services years earlier ??
Kindly refrain from posting opinions which reflects badly on the ethics of your organization or your own competency as HR professional.
See, a bad policy can not stand the rigorous examination of various situation, whereas a good and fair policy stands the tests of time and situation.
Hope you will take my suggestion in good spirit and seriously.
Warm regards.
From India, Delhi
I agree with Mr. Dhingra's comments on your post.
Your opinions appear contrary to any HR policy, ethics or natural justice;
especially your views that "Therefore, once the employee submits his resignation, he has lost the lien on his job for all practical purposes and accept the enevitable release earlier or on the dot."
It implies that once an employee submit resignation, his services can be terminated immediately, on-the-spot !!!
I suggest you need to re-think on what you have written; as I do not wish to assume that you do not have sufficient knowledge of HRM or your organization has no policy or ethical outlook towards their employees.
In case one has to accept your arguments about " for reasons of organisational security, protection of Intellectual Property rights and also to bring in the replacement as early as possible, management may choose to releive him or her earlier.." what is your organizations viewpoint about superannuating employees?? It is well known that they are going to retire on a particular date. So does your organization, "for reasons of organisational security, protection of Intellectual Property rights", dispense off their services years earlier ??
Kindly refrain from posting opinions which reflects badly on the ethics of your organization or your own competency as HR professional.
See, a bad policy can not stand the rigorous examination of various situation, whereas a good and fair policy stands the tests of time and situation.
Hope you will take my suggestion in good spirit and seriously.
Warm regards.
From India, Delhi
Dear Chanchal.
Legally speaking first and formost thing is that we should not talk on logical terms. The xyz company in the appointment letter issued to an employee if has clearly mentioned that employee will have to give two months advance notice before leave than it applies viceversa before termination of sevices of the employee employer will have to give two months notice to employee. so question of handing over the assignments by the management does't exist. In your case if company wants to releave the employee before the agreed date then it will be employers responsibility to end the process by mutual consent and not by violeting terms of employment. Sudhakar surve
From China
Legally speaking first and formost thing is that we should not talk on logical terms. The xyz company in the appointment letter issued to an employee if has clearly mentioned that employee will have to give two months advance notice before leave than it applies viceversa before termination of sevices of the employee employer will have to give two months notice to employee. so question of handing over the assignments by the management does't exist. In your case if company wants to releave the employee before the agreed date then it will be employers responsibility to end the process by mutual consent and not by violeting terms of employment. Sudhakar surve
From China
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