Dear Friends,
In our company there is rule of 3 months notice period or salary in lieu thereof,
I have a query that if any employees resigns giving 3 months notice and is will to get relived after 3 months, now if the company decides to relive the employee immediately is the company require to pay the salary of 3 months or not as the first step resignation is tendered by the employee.
Please provide the relevant law in the matter.
Regards,
Sanjiv Sharma
From France, Courbevoie
11In our company there is rule of 3 months notice period or salary in lieu thereof,
I have a query that if any employees resigns giving 3 months notice and is will to get relived after 3 months, now if the company decides to relive the employee immediately is the company require to pay the salary of 3 months or not as the first step resignation is tendered by the employee.
Please provide the relevant law in the matter.
Regards,
Sanjiv Sharma
From France, Courbevoie
Sanjiv,
As per my information there is no law for this, beyond the organisation's standing orders or policies.
If employee accepts the appointment letter mentioning this clause of notice period, he/she is liable to pay the salary for the period whichever is mentioned in your letter if leave the copany without notice.
But company would only be liable to pay you if it has been mentioned in the letter previously by employer.
The employee can ask for the compensation of three or whatever months salary in lieu of notice period only if there is a notice period clause is put by company also.
Remaining is depends on company's policies.
VK
From India, Indore
As per my information there is no law for this, beyond the organisation's standing orders or policies.
If employee accepts the appointment letter mentioning this clause of notice period, he/she is liable to pay the salary for the period whichever is mentioned in your letter if leave the copany without notice.
But company would only be liable to pay you if it has been mentioned in the letter previously by employer.
The employee can ask for the compensation of three or whatever months salary in lieu of notice period only if there is a notice period clause is put by company also.
Remaining is depends on company's policies.
VK
From India, Indore
1.with three months notice
Purpose is that the employers work shall not suffer
2.Resign by paying three months Notice pay
Purpose is that the employer is compensated by the employee for non completion of work.
3.Terminate with three months notice
Employee is given time to search alternative job
4.Terminate with three months Notice Pay
Employee is compensated for the hardship that he would undergo till he gets a job.
Now the question by you do not fall under any of these categories. Employee resigns. The hardship will be for the employer. The employer is prepared to face the hardship and releives the employee immediately. So the employye can not demand the notice pay as the employer is not terminating him. Payment by the employer comes only the cause of action is initiated by the employer
Am I clarifying??
Siva
From India, Chennai
Purpose is that the employers work shall not suffer
2.Resign by paying three months Notice pay
Purpose is that the employer is compensated by the employee for non completion of work.
3.Terminate with three months notice
Employee is given time to search alternative job
4.Terminate with three months Notice Pay
Employee is compensated for the hardship that he would undergo till he gets a job.
Now the question by you do not fall under any of these categories. Employee resigns. The hardship will be for the employer. The employer is prepared to face the hardship and releives the employee immediately. So the employye can not demand the notice pay as the employer is not terminating him. Payment by the employer comes only the cause of action is initiated by the employer
Am I clarifying??
Siva
From India, Chennai
Dear Shiva, Will it not make any difference if the employees is will to work for whole of the notice period as agreed. Regards, Sanjiv
From France, Courbevoie
From France, Courbevoie
Hi Sanjiv,
If you talk about ethics and if your organisation is firm believer of values, it is your organisation's responsibility to pay the amount for notice period which is being reduced due to business or any other requirement despite of the fact that employee is willing to serve complete notice period.
thanks.
Best wishes
Rajiv Naithani
From India, Lucknow
If you talk about ethics and if your organisation is firm believer of values, it is your organisation's responsibility to pay the amount for notice period which is being reduced due to business or any other requirement despite of the fact that employee is willing to serve complete notice period.
thanks.
Best wishes
Rajiv Naithani
From India, Lucknow
See guys, the principle governing the matter is the appointment letter which is basically the instrument of agreement between the employer and the employee. According to it, if an employee wish to leave the organisation, he / she has to serve 3 month's notice period or surrender 3 month's pay in lieu of notice and seek release accordingly( provided handing over charges etc. are fulfilled) and vice versa.
From India, Hyderabad
From India, Hyderabad
Dear Sanjiv,
An employee has tendered his resignation and has shown his willingness to serve the notice pariod, but the organisation has decided to relieve him on immeidate basis, then the organisation is liable to pay the compensation in lieu of notice period. This is as per a judgement given by high court in same matter.
Thanks
Amit gera
From India, New Delhi
An employee has tendered his resignation and has shown his willingness to serve the notice pariod, but the organisation has decided to relieve him on immeidate basis, then the organisation is liable to pay the compensation in lieu of notice period. This is as per a judgement given by high court in same matter.
Thanks
Amit gera
From India, New Delhi
Hi Amit
Is there any judgement on this subject. I would like to have the reference pl since I have given a different view on this and I had been following this for long
Can you kindly give the reference pl
Thanks in advance
Siva
From India, Chennai
Is there any judgement on this subject. I would like to have the reference pl since I have given a different view on this and I had been following this for long
Can you kindly give the reference pl
Thanks in advance
Siva
From India, Chennai
hi
In the present day situation, the trouble of interpreting the term will not come as it is very clear in dealing such situations. The notice period one of the conditionalities for getting a job. If the employee given an advance notice of three months, he has to work for that much period, or compensate the shortage of days through payment thereof. However, in the interest of the organisation/establishment, it would be better to retain the employee till his time of leaving as per the notice period so that the firm can make alternate arrangement to substitute the person with equally qualified and experienced one. But if the employee who desires to be relieved earlier by making compensation for the shortage of notice period, it would be better to release the person at the earliest as his/her presence in the organisation/establishment will not contribute anything good.
In the engagement letter (or in contract) itself, it should be clearly be made the conditionalities of service, so that any such eventualities should be dealt with the contract.
bye
From Brazil, Maceió
In the present day situation, the trouble of interpreting the term will not come as it is very clear in dealing such situations. The notice period one of the conditionalities for getting a job. If the employee given an advance notice of three months, he has to work for that much period, or compensate the shortage of days through payment thereof. However, in the interest of the organisation/establishment, it would be better to retain the employee till his time of leaving as per the notice period so that the firm can make alternate arrangement to substitute the person with equally qualified and experienced one. But if the employee who desires to be relieved earlier by making compensation for the shortage of notice period, it would be better to release the person at the earliest as his/her presence in the organisation/establishment will not contribute anything good.
In the engagement letter (or in contract) itself, it should be clearly be made the conditionalities of service, so that any such eventualities should be dealt with the contract.
bye
From Brazil, Maceió
Hi,
I had a very Good opportunity with Y Company and the current company is a Good one but FULL of false promises. I have been Excellent @ my work for the last six months and waiting patiently for a chance which is in the near future(1 year). Mean while I got a Job in the Y Company.
Now my Manager is not ready to relieve me immediately, I have a Notice period of One Month!! I had discussions with my Manager and his Seniors for a week and he stopped me from sending a Resignation mail for 10days and ultimately I did it. Now Y company wants me to join ASAP.
I do not want to loose this opportunity and at the same time I do not want to be Unprofessional to the Old company.
Now I fell sick unfortunately and I did not attend the office and they started suspecting me that I' am attending the New Company. They did not even give my last months salary saying that It would be done in the final settlement.
My new company is ready to accept me with the Resignation Acceptance letter which I already have.
I' am running out of money now. But I' am worried about the Future if I join the New company with out Relieving letter.
Please Advice.
If I join the new company & get back to the old company for my April's salary which I worked. Can I get it??
I know it is ABSCONDING.
But I worked for One complete Month but Not been provided with the salary!!!!
Please reply ASAP
He has sent some people from the company to my home to check whether I' am going to Y company all these days.
My parents told them that I was ill from last 10days... Which is the truth!!
Still they do not believe me..
They are making my life LIVING HELL.
Hi.. Thanks for your advice..
Now the management says that Only if I serve my entire notice period I would get my Relieving letter & Final settlement. I told him that I' am ready to go for a buy out but he says that It would happen that only when Parent company agrees I can do so..
He is very adamant!!
What to do ??
I would never get such opportunities as such...
Please reply ASAP!!
From India, Bangalore
I had a very Good opportunity with Y Company and the current company is a Good one but FULL of false promises. I have been Excellent @ my work for the last six months and waiting patiently for a chance which is in the near future(1 year). Mean while I got a Job in the Y Company.
Now my Manager is not ready to relieve me immediately, I have a Notice period of One Month!! I had discussions with my Manager and his Seniors for a week and he stopped me from sending a Resignation mail for 10days and ultimately I did it. Now Y company wants me to join ASAP.
I do not want to loose this opportunity and at the same time I do not want to be Unprofessional to the Old company.
Now I fell sick unfortunately and I did not attend the office and they started suspecting me that I' am attending the New Company. They did not even give my last months salary saying that It would be done in the final settlement.
My new company is ready to accept me with the Resignation Acceptance letter which I already have.
I' am running out of money now. But I' am worried about the Future if I join the New company with out Relieving letter.
Please Advice.
If I join the new company & get back to the old company for my April's salary which I worked. Can I get it??
I know it is ABSCONDING.
But I worked for One complete Month but Not been provided with the salary!!!!
Please reply ASAP
He has sent some people from the company to my home to check whether I' am going to Y company all these days.
My parents told them that I was ill from last 10days... Which is the truth!!
Still they do not believe me..
They are making my life LIVING HELL.
Hi.. Thanks for your advice..
Now the management says that Only if I serve my entire notice period I would get my Relieving letter & Final settlement. I told him that I' am ready to go for a buy out but he says that It would happen that only when Parent company agrees I can do so..
He is very adamant!!
What to do ??
I would never get such opportunities as such...
Please reply ASAP!!
From India, Bangalore
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