Employees resign and serve notice periods of 30 days as per the clause, but the employer cuts the notice period to 15 days and forcefully gives early relieving.
Does the employer have to give the employee the remaining 15 days' pay?
Per the appointment letter clause, the employee has resigned 30 days prior and can join the new organisation only after 30 days.
If his current employer gives early 15 days revelling forcefully, then the employee has to sit at home for 15 days without any pay ?
In such circumstances, what should be the ideal action to take?
I wanted to know if the employer doesn't want to pay any compensation, both from the organisation's point of view and from the employee's side.
From India, Delhi
Does the employer have to give the employee the remaining 15 days' pay?
Per the appointment letter clause, the employee has resigned 30 days prior and can join the new organisation only after 30 days.
If his current employer gives early 15 days revelling forcefully, then the employee has to sit at home for 15 days without any pay ?
In such circumstances, what should be the ideal action to take?
I wanted to know if the employer doesn't want to pay any compensation, both from the organisation's point of view and from the employee's side.
From India, Delhi
Dear friend,
From the perspective of both the employer and the employee, a resignation coupled with the readiness on the part of the employee to serve the entire notice period already fixed in the contract of employment is an OFFER by the employee. If the employer accepts the resignation but reduces or cuts short the notice period stipulated in the contract at his own discretion, it amounts to a COUNTER OFFER which certainly requires the acceptance of the employee.
If it is not acceptable to the employee, the employer is bound to pay the salary for the notice period reduced by him before implementing immediate relieving of the employee.
If the employer fails to do so and acts unilaterally, it tantamounts to clear breach of the terms of the contract and will have also pay the employee damages , if it is legally contested.
From India, Salem
6018From the perspective of both the employer and the employee, a resignation coupled with the readiness on the part of the employee to serve the entire notice period already fixed in the contract of employment is an OFFER by the employee. If the employer accepts the resignation but reduces or cuts short the notice period stipulated in the contract at his own discretion, it amounts to a COUNTER OFFER which certainly requires the acceptance of the employee.
If it is not acceptable to the employee, the employer is bound to pay the salary for the notice period reduced by him before implementing immediate relieving of the employee.
If the employer fails to do so and acts unilaterally, it tantamounts to clear breach of the terms of the contract and will have also pay the employee damages , if it is legally contested.
From India, Salem
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