Dear Rekha,
Thank you for the appreciation.
I would like to state to all that compensation cannot be claimed as a matter of right by the employee.
As for morals and ethics, most people are looking at the problem from a different angle which they are absolutely entitled to and there is nothing wrong in it.
The talk about spirit has also been raised by Shreyas, which I felt was not correct, because if you look at the spirit of law it is a safeguard provided to one of the party when the other party terminates the contract, so it is upto the latter to utilise the safeguard.
In the end Rekha, I feel your Company's reputation would not be at stake if you donot pay compensation. I donot know how it will effect the reputation adversely, on the other hand I feel it would enhance the reputation because it releases an employee as quickly as possible. This can be seen from the fact the number of posts you have on this site from members facing problem due to non release by emploers.
Regrads,
SC
From India, Thane
45Thank you for the appreciation.
I would like to state to all that compensation cannot be claimed as a matter of right by the employee.
As for morals and ethics, most people are looking at the problem from a different angle which they are absolutely entitled to and there is nothing wrong in it.
The talk about spirit has also been raised by Shreyas, which I felt was not correct, because if you look at the spirit of law it is a safeguard provided to one of the party when the other party terminates the contract, so it is upto the latter to utilise the safeguard.
In the end Rekha, I feel your Company's reputation would not be at stake if you donot pay compensation. I donot know how it will effect the reputation adversely, on the other hand I feel it would enhance the reputation because it releases an employee as quickly as possible. This can be seen from the fact the number of posts you have on this site from members facing problem due to non release by emploers.
Regrads,
SC
From India, Thane
Dear Member
As per undertaking / agreement it is one month either side.
if breach occurs from company side, the company is at default
if breach at employee side, the employee is at default
In this case the employee has submitted one month requisite notice to leave as per the prescribed norms of the company. However company has relieved him prior to the date of notice period concurrently, whereas the employee willing to work durig the notice period.
It is clear that the company is at default hence they should pay the one month pay the employee
regards
yandamuri
From India, Visakhapatnam
As per undertaking / agreement it is one month either side.
if breach occurs from company side, the company is at default
if breach at employee side, the employee is at default
In this case the employee has submitted one month requisite notice to leave as per the prescribed norms of the company. However company has relieved him prior to the date of notice period concurrently, whereas the employee willing to work durig the notice period.
It is clear that the company is at default hence they should pay the one month pay the employee
regards
yandamuri
From India, Visakhapatnam
Dear Rekha,
You're very welcome. We're here to help each other, who knows in the future I might need your help too. :)
Anyway, pls take note of my input. They're based on the law and practice here in Malaysia, which you might not find applicable to your country.
Cheers,
Ashley
From Malaysia, Kuala Lumpur
You're very welcome. We're here to help each other, who knows in the future I might need your help too. :)
Anyway, pls take note of my input. They're based on the law and practice here in Malaysia, which you might not find applicable to your country.
Cheers,
Ashley
From Malaysia, Kuala Lumpur
I agreed with SK because:
The terms of appointment clasue one month notice is applicable for both parties.
Here, the employee is voluntarily tendered his resignation without minding the one month notice period, the management not require to pay. But in the resignation, if the the employee mention that this resignation is subjected to one month notice period then management is liable to pay.
So here, contents of resignation letter is important.
Ramakrishna N
From India, Madras
The terms of appointment clasue one month notice is applicable for both parties.
Here, the employee is voluntarily tendered his resignation without minding the one month notice period, the management not require to pay. But in the resignation, if the the employee mention that this resignation is subjected to one month notice period then management is liable to pay.
So here, contents of resignation letter is important.
Ramakrishna N
From India, Madras
hello,
Notice period is a part of the employment agreement which should be followed.
very simple is that if the compnay ask the employee to leave the organisation - it must give one month notice period or one month salary.
In case, employee him/her self resigns, then s/he should give one month notice or one month salary.
There is no term called in the agreement that the person is willing to continue.......etc... as per the law.
In your case, kindly go through the resignation letter and releiving order and follow the above rule.
wishes
senthil raj
legal cell
From Costa Rica, San José
Notice period is a part of the employment agreement which should be followed.
very simple is that if the compnay ask the employee to leave the organisation - it must give one month notice period or one month salary.
In case, employee him/her self resigns, then s/he should give one month notice or one month salary.
There is no term called in the agreement that the person is willing to continue.......etc... as per the law.
In your case, kindly go through the resignation letter and releiving order and follow the above rule.
wishes
senthil raj
legal cell
From Costa Rica, San José
If the employee left without notice, the employer would by default deduct one months notice without reference to the employee.
The employee has done justice to the co. by giving notice even though their was no project pending. he moved before you made yours and so you are obliged and bound to pay one months notice as per your agreement/terms/law.
Thios (kenya)
From Kenya, Mombasa
The employee has done justice to the co. by giving notice even though their was no project pending. he moved before you made yours and so you are obliged and bound to pay one months notice as per your agreement/terms/law.
Thios (kenya)
From Kenya, Mombasa
Dear Rekha,
Since the employee has tendered resignation on his own, THE COMPANY IS NOT LIABLE TO PAY HIM ANYTHING even if he is relieved earlier. However, the company cannot deduct the salary for the notice period as the employee was willing to serve the notice period.
However, I would suggest you to incorporate a clause saying " In case the company doesn't requires the services of resigned employee during the notice period, it may relieve him/her without deducting/paying him anything for the said period."
This should clear the confusion created, if any, because of varied responses got from other members.
Regards,
Santosh
Since the employee has tendered resignation on his own, THE COMPANY IS NOT LIABLE TO PAY HIM ANYTHING even if he is relieved earlier. However, the company cannot deduct the salary for the notice period as the employee was willing to serve the notice period.
However, I would suggest you to incorporate a clause saying " In case the company doesn't requires the services of resigned employee during the notice period, it may relieve him/her without deducting/paying him anything for the said period."
This should clear the confusion created, if any, because of varied responses got from other members.
Regards,
Santosh
Hi,
Just thought i will add a point to the discussion. The notice period (which is normally between 15 days and 3 months) has a reasoning of its own. When an employee expresses his/her desire to quit a company, It is necessary for the HR / Personnel department to look for a replacement for the position which will go vacant after the employee is relieved. This is also important when the employee is working on critical projects/ assignments in the company as proper hand over of charge is required for smooth working of the company even after the employee quits. From the company's side, when an employee is terminated (apart from disciplinary clauses) or if the company plans for a lay-off, the employer is required to pay notice amount to the employee.
But in special cases, the decision making authority can waive off the notice period or relieve the employee before the end of the notice period.
In both cases, the notice amounts cannot be claimed. In the case mentioned by Ms. Rekha, the employee has expressed his desire to quit the firm. Its the call taken by the company to relieve him before the completion of the notice period. COMPANY IS NOT LAIBLE TO PAY FOR THE DAYS WHEN THE EMPLOYEE HAS NOT SERVED THE ORGANIZATION. Moreover, action can be taken against the employee incase he/ she has taken any leaves during the notice period as no leaves are allowed during the notice period.
I hope this helps in getting a clear understanding about the terms of employment. Please do correct me incase there's any mistake in the above mentioned post.
Regards,
Avi.
From India, Bangalore
Just thought i will add a point to the discussion. The notice period (which is normally between 15 days and 3 months) has a reasoning of its own. When an employee expresses his/her desire to quit a company, It is necessary for the HR / Personnel department to look for a replacement for the position which will go vacant after the employee is relieved. This is also important when the employee is working on critical projects/ assignments in the company as proper hand over of charge is required for smooth working of the company even after the employee quits. From the company's side, when an employee is terminated (apart from disciplinary clauses) or if the company plans for a lay-off, the employer is required to pay notice amount to the employee.
But in special cases, the decision making authority can waive off the notice period or relieve the employee before the end of the notice period.
In both cases, the notice amounts cannot be claimed. In the case mentioned by Ms. Rekha, the employee has expressed his desire to quit the firm. Its the call taken by the company to relieve him before the completion of the notice period. COMPANY IS NOT LAIBLE TO PAY FOR THE DAYS WHEN THE EMPLOYEE HAS NOT SERVED THE ORGANIZATION. Moreover, action can be taken against the employee incase he/ she has taken any leaves during the notice period as no leaves are allowed during the notice period.
I hope this helps in getting a clear understanding about the terms of employment. Please do correct me incase there's any mistake in the above mentioned post.
Regards,
Avi.
From India, Bangalore
hi All
Regarding notice period I have one different doubt.............
IS THE PERIOD FOR NOTICE SHOULD BE SAME FOR BOTH EMPLOYER & EMPLOYEEE BCOZ....
IN MY COMPANY THE RULE IN THIS REGARD IS
IF EMPLOYEE WANTS TO LEAVE THE ORGANISATION HE/SHE HAS TO SERVE 3MONTHS NOTICE PERIOD OR SALARY IN LIEU OF IT.
WHEREAS, IF THE COMPANY DESIDES TO TERMINATE ANY EMPLOYEE IT WILL SERVE ONLY 1MONTH NOTICE TO HIM.
AND THIS IS MENTIONED IN LETTER OF APPOINTMENT
SO MY QUESTION IS THAT IS IT NOT THE UNFAIR PRACTISE ON THE PART OF EMPLOYER ? OR IS IT LEGALY ALLOWED ?
WHAT AS PERSON OF PERSONNEL DEPT WE CAN SUGGEST THE MANAGEMENT ?
regards,
yashswa
From India, Mumbai
Regarding notice period I have one different doubt.............
IS THE PERIOD FOR NOTICE SHOULD BE SAME FOR BOTH EMPLOYER & EMPLOYEEE BCOZ....
IN MY COMPANY THE RULE IN THIS REGARD IS
IF EMPLOYEE WANTS TO LEAVE THE ORGANISATION HE/SHE HAS TO SERVE 3MONTHS NOTICE PERIOD OR SALARY IN LIEU OF IT.
WHEREAS, IF THE COMPANY DESIDES TO TERMINATE ANY EMPLOYEE IT WILL SERVE ONLY 1MONTH NOTICE TO HIM.
AND THIS IS MENTIONED IN LETTER OF APPOINTMENT
SO MY QUESTION IS THAT IS IT NOT THE UNFAIR PRACTISE ON THE PART OF EMPLOYER ? OR IS IT LEGALY ALLOWED ?
WHAT AS PERSON OF PERSONNEL DEPT WE CAN SUGGEST THE MANAGEMENT ?
regards,
yashswa
From India, Mumbai
Dear Rekha,
Notice Period is operative on either side. An employee relived earlier than the notice period applicable, is entititled to salary in lieu of notice, unless:
1. The Employee has asked for early or immediate relief.
2. The Employee has specified a date for release, that is with in the operative notice period, and the employer is willing to relieve him on the date requested.
While the above is the legal position, organisations get away with acceptance of resignation at their own whims and fancies, as employees seldom go on a legal challenge.
Regards
Ravi.B.S.
Notice Period is operative on either side. An employee relived earlier than the notice period applicable, is entititled to salary in lieu of notice, unless:
1. The Employee has asked for early or immediate relief.
2. The Employee has specified a date for release, that is with in the operative notice period, and the employer is willing to relieve him on the date requested.
While the above is the legal position, organisations get away with acceptance of resignation at their own whims and fancies, as employees seldom go on a legal challenge.
Regards
Ravi.B.S.
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