I think you can get clarity the management and view the notice period with Head approval signature on resignation letter and you can relieve him.
From India, Pune
From India, Pune
some company given in appointment letter notice period of Three month. what about your opinion ?
From India, New Delhi
From India, New Delhi
Thank you all for your kind response. Can we take an undertaking letter from the employee, if he is ready to get relieved that in reference to his resignation, it is mutually agreed by and between the employee and employer to relieve him immediately (without mentioning any details about notice pay). Is it correct, will it be binding legally for employee and employer.
The appointment letter is clear that either side should give one month notice period in case of separation or termination.
From India, Madras
The appointment letter is clear that either side should give one month notice period in case of separation or termination.
From India, Madras
If the management is not happy with his performance then relieve him immediately without paying for his notice period. Regards Naik
From India, Bangalore
From India, Bangalore
Hi,
Notice period is a tool which is used to intimate the other party of the intention to leave. This is just to enable the other party to make arrangements for replacement. Once the notice period is served the settlement is made.
Once a notice is given of the intention to leave, the management is to utilise this period of time to ensure all projects given are completed / suitable replacement is lined up so that at the end of the notice period /date of quitting the settlement is done and smooth take over of work is effected.
Now if the management is prepared to let the workman quit without completing the notice period, then they have to think twice before committing this act for the simple reason that they would be setting a precedent of allowing a employee leave without completing notice period or paying one month wage in lieu of notice.- This could be used by other employees thus putting the management to hardship on the long run.
So think twice before doing something out of the law where the interests of the management is compromised on the long run.
If the management so much doesnt want the employee to continue, they will have to give a month notice or a month wage in lieu of notice and ask him to quit, subject to various other parameters.
Take care.
regards
From India, Bangalore
5Notice period is a tool which is used to intimate the other party of the intention to leave. This is just to enable the other party to make arrangements for replacement. Once the notice period is served the settlement is made.
Once a notice is given of the intention to leave, the management is to utilise this period of time to ensure all projects given are completed / suitable replacement is lined up so that at the end of the notice period /date of quitting the settlement is done and smooth take over of work is effected.
Now if the management is prepared to let the workman quit without completing the notice period, then they have to think twice before committing this act for the simple reason that they would be setting a precedent of allowing a employee leave without completing notice period or paying one month wage in lieu of notice.- This could be used by other employees thus putting the management to hardship on the long run.
So think twice before doing something out of the law where the interests of the management is compromised on the long run.
If the management so much doesnt want the employee to continue, they will have to give a month notice or a month wage in lieu of notice and ask him to quit, subject to various other parameters.
Take care.
regards
From India, Bangalore
Dear All,
From India
In my opinion, as per the terms of appointment letter if notice period is given and if he dont serve, managment can cut off his notice pay similarly if the managment dont want him to serve notice period which he is agree to serve as per the terms of appointment letter managment should pay one month notice pay becuase he will be idle for one month so managment should definitely pay his notice pay if they want him to releive immediately.
P.K.Mishra
From India
Dear Avika,
I feel as an HR practitioner you need to have better "people orientation". Just imgaine a situation if an employee resigns and wants immediate release and is also willing to surrender salary in lieu of Notice period.
In some of the earlier responses to a similar query, we found that employers do tend to create a big issue out of it, when the employee wants immediate release and is willing to surrender salary against the shortfall in the notice period.
Your suggestion is far from being the right answer to the problem that has been posed.
Best Wishes,
Vasant Nair
From India, Mumbai
I feel as an HR practitioner you need to have better "people orientation". Just imgaine a situation if an employee resigns and wants immediate release and is also willing to surrender salary in lieu of Notice period.
In some of the earlier responses to a similar query, we found that employers do tend to create a big issue out of it, when the employee wants immediate release and is willing to surrender salary against the shortfall in the notice period.
Your suggestion is far from being the right answer to the problem that has been posed.
Best Wishes,
Vasant Nair
From India, Mumbai
Dear Mohikhan,
Pl doesn’t adopt unethical practices.
The employee is ethical he has decalred where he is moving, had he not declared, it would have been difficult for you to find it. You can restrict his access to companys confidential information. Again he is ready to serve one month notice as per the agreement. It is not legally & morally correct to relieve an employee without a pay.
If he goes in a court of Law, it will cost u much not only financially but from HR & employee moral & conduct & in turn productivity point of view also,.it will send the negative message to all other employee.” If it can done employee, it can done to us also".
If one wants to terminate an employee one need to give an show cause notice in advance & time for him explain his side also, unless caught red-handed for doing wrong things.
So give him a notice pay & settle out this issue.
Regards
Raghunath
From India, Mumbai
Pl doesn’t adopt unethical practices.
The employee is ethical he has decalred where he is moving, had he not declared, it would have been difficult for you to find it. You can restrict his access to companys confidential information. Again he is ready to serve one month notice as per the agreement. It is not legally & morally correct to relieve an employee without a pay.
If he goes in a court of Law, it will cost u much not only financially but from HR & employee moral & conduct & in turn productivity point of view also,.it will send the negative message to all other employee.” If it can done employee, it can done to us also".
If one wants to terminate an employee one need to give an show cause notice in advance & time for him explain his side also, unless caught red-handed for doing wrong things.
So give him a notice pay & settle out this issue.
Regards
Raghunath
From India, Mumbai
Hi all
Even i agree to the fact that he should be paid for his one month notice, as the management only asked him not to serve the notice, when he was ready to do so. so legally he should be paid the notice period.
From Qatar, Doha
Even i agree to the fact that he should be paid for his one month notice, as the management only asked him not to serve the notice, when he was ready to do so. so legally he should be paid the notice period.
From Qatar, Doha
Dear All,
I have posted this query last week but i didnt get any feedback. so i m posting it again.
I was working in one MNC company & resigned from that company without any notice period, even my company havent ask for notice period.i have asked my HR about settlement amount and she replied that u will get it in a months time. after 2 months i have asked about it again, on that time she said "you have to pay the notice amount to the company coz you havent serve notice period". I have sent so many massages to my head office but the company replied to me that HR person told them i was not ready for notice period, but that was not the case. The head office want the proof about it.This is my example, after somedays my collegue have resigned from that company after compileting her notice period, then also she get the letter about payment of notice period.
i want to know from all of you that what action can i take??
because i think this is the loss for the employee.
Plz send me your feedback.
From India, Pune
I have posted this query last week but i didnt get any feedback. so i m posting it again.
I was working in one MNC company & resigned from that company without any notice period, even my company havent ask for notice period.i have asked my HR about settlement amount and she replied that u will get it in a months time. after 2 months i have asked about it again, on that time she said "you have to pay the notice amount to the company coz you havent serve notice period". I have sent so many massages to my head office but the company replied to me that HR person told them i was not ready for notice period, but that was not the case. The head office want the proof about it.This is my example, after somedays my collegue have resigned from that company after compileting her notice period, then also she get the letter about payment of notice period.
i want to know from all of you that what action can i take??
because i think this is the loss for the employee.
Plz send me your feedback.
From India, Pune
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