plz let me know that if X has resigned on 18 nov. and served a notice till 18Dec. and was due to some reason relieved on 30 nov. and on 1st Dec he joined another company then whether can X claim for his account settlement from his previous employer for the period from 18 Nov-18Dec. If does so will it be a case of double employment
From India, Delhi
From India, Delhi
If he was relieved for your convenience without considering his last date as 18th December, then you have to pay him till 18th December. You need not go in detail about his joining another company on 1st December. Moreover, for terminal benefits, PF and other deductions are not made and you will be contributing to PF etc upto the date of his physical presence in your company.Therefore, the question of double employment will not arise.
Madhu.T.K
From India, Kannur
4238Madhu.T.K
From India, Kannur
Sir,
First of all thanking you for your immediate reply, another query in this only is that employer did not release his salary instead of relieving X from his services and instead paid him till 30th of November. Then can X challenge his employer in the court of law for total emolument uptill 18 Dec. in spite of joining a new company on 1st December.
Thanks
From India, Delhi
First of all thanking you for your immediate reply, another query in this only is that employer did not release his salary instead of relieving X from his services and instead paid him till 30th of November. Then can X challenge his employer in the court of law for total emolument uptill 18 Dec. in spite of joining a new company on 1st December.
Thanks
From India, Delhi
If the employee is resigning and agrees to serve the notice, but if the employer relieves the employee before his notice period expires, the company is not liable to pay for the entire notice period. The employer is only liable to pay salary till his last working date i.e. 30th Nov in your case.
Company at its will can relieve you on or before the expiry of notice period. The loyalty of the employee is lost on the date of his resignation itself, but notice period is taken only to make necessary arrangements that the work is not suffered after the employee resigns from his/her work
From India, Ahmadabad
Company at its will can relieve you on or before the expiry of notice period. The loyalty of the employee is lost on the date of his resignation itself, but notice period is taken only to make necessary arrangements that the work is not suffered after the employee resigns from his/her work
From India, Ahmadabad
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