I have a question that if an employee is not performing and company decides to take resignation of employee with immediate effect and accepting the resignation of the employee, relieving employee on same day. In such case does employer is suppose to pay one month notice pay to employee?
From India, Mumbai
From India, Mumbai
yeah poo actually the resignation is forced by employer upon employee. Employee even though submits resignation in letter his heart does not tell to resign. So you have two options:
1. Take resignation and relieve after 1 month , so that 1 month employee gets pay and does work also?
2 . Take resignation and relieve immediately and give 1 month salary..
btw why u want relieving on same day is the employee insisting or ur insisting
From India, Madras
1131. Take resignation and relieve after 1 month , so that 1 month employee gets pay and does work also?
2 . Take resignation and relieve immediately and give 1 month salary..
btw why u want relieving on same day is the employee insisting or ur insisting
From India, Madras
Its totally depends on the terms & conditions of your service contract i.e. appointment letter.
From India, Bharuch
From India, Bharuch
Thanks for your reply.
What if employee resigns and wants to get relieved same day, in such case does employer will have to pay 1 month notice pay to employee or employee will pay to employer.
As you have mentioned in point no. 2 take resignation and relieve immediately and give 1 month salary to employee. Is it employee resigning and we making employee resign one and the same and the rules and regulations will be same. Please confirm.
From India, Mumbai
What if employee resigns and wants to get relieved same day, in such case does employer will have to pay 1 month notice pay to employee or employee will pay to employer.
As you have mentioned in point no. 2 take resignation and relieve immediately and give 1 month salary to employee. Is it employee resigning and we making employee resign one and the same and the rules and regulations will be same. Please confirm.
From India, Mumbai
Pooja,
This has two options but you have not cleared whether the employee resigned or been sacked off.
if it is the case -1 then the employee resigning and wants to be relieved on the same day, then no need of paying the last month's salary as it can be compensated towards notice period . else,if the employee has earned leaves and your organisation has got he option of encashable earned leaves,then that employee is to be paid his last month salary and the earned leaves can be considered towards the notice period compensation.
in the second case, that is the organisation sacks the employee then the org. has to pay the salary aswell as one or two months salary in advance as per the policies of the org.
the one or two months advance depends on the notice period ofthe organisation.
From India, Hyderabad
This has two options but you have not cleared whether the employee resigned or been sacked off.
if it is the case -1 then the employee resigning and wants to be relieved on the same day, then no need of paying the last month's salary as it can be compensated towards notice period . else,if the employee has earned leaves and your organisation has got he option of encashable earned leaves,then that employee is to be paid his last month salary and the earned leaves can be considered towards the notice period compensation.
in the second case, that is the organisation sacks the employee then the org. has to pay the salary aswell as one or two months salary in advance as per the policies of the org.
the one or two months advance depends on the notice period ofthe organisation.
From India, Hyderabad
ok poo listen the facts: Employee is low performer
EMPLOYEE submits resignation without any force / pressure from employer... and demands immediate relieving
Then
1> Relieve immediately if the company doesnt want teh employee and can manage till new person joins
2> dont relieve ask for 1 month notice period if employee is doing imp work, or relieve with taking money from employee, i.e employee pay to company ur not telling me the exact situation
From India, Madras
EMPLOYEE submits resignation without any force / pressure from employer... and demands immediate relieving
Then
1> Relieve immediately if the company doesnt want teh employee and can manage till new person joins
2> dont relieve ask for 1 month notice period if employee is doing imp work, or relieve with taking money from employee, i.e employee pay to company ur not telling me the exact situation
From India, Madras
Hi,
I think its completely depends upon your management. if that person is imp for the organization you may ask him for 1 month notice or else you may compensate.
Now the employee wants to resign his/her services so as a precaution you may take undersign from the employee that there is no due either from him/her or from employer
Hope this may help you out to come out of the matter/confusion.
From India, Pune
I think its completely depends upon your management. if that person is imp for the organization you may ask him for 1 month notice or else you may compensate.
Now the employee wants to resign his/her services so as a precaution you may take undersign from the employee that there is no due either from him/her or from employer
Hope this may help you out to come out of the matter/confusion.
From India, Pune
Dear Nukani,
You will have to see two things:
1. You cannot terminate an employee for his under-performance. Termination can be done only in the cases of indiscipline, subject to domestic enquiry and as per the employment Standing orders. But you can retrench the employee for under-performance with notice period or notice pay in lieu of notice period. The notice period depends on the company policy. However for workmen it is for 3 months. The employee can be terminated within a day provided you settle his dues with in 48 hrs of his termination.
2. The under-performer should not serve any resignation as resignation amounts to voluntary wish to separate from the organisation. If an employee submits the resignation, the employee has to serve the notice period or pay the notice pay in lieu of the notice period. In case of resignation, the employer need not pay any compensation.
for more clarifications call the undersigned on +91 94813 68985
Mahesh M
From India, Bangalore
You will have to see two things:
1. You cannot terminate an employee for his under-performance. Termination can be done only in the cases of indiscipline, subject to domestic enquiry and as per the employment Standing orders. But you can retrench the employee for under-performance with notice period or notice pay in lieu of notice period. The notice period depends on the company policy. However for workmen it is for 3 months. The employee can be terminated within a day provided you settle his dues with in 48 hrs of his termination.
2. The under-performer should not serve any resignation as resignation amounts to voluntary wish to separate from the organisation. If an employee submits the resignation, the employee has to serve the notice period or pay the notice pay in lieu of the notice period. In case of resignation, the employer need not pay any compensation.
for more clarifications call the undersigned on +91 94813 68985
Mahesh M
From India, Bangalore
Yes, It is very from one to another ( Organisation) and it mainly depends on terms of contract of employment as stated in the appointment letter. Regards, Pramod
From India, Calcutta
From India, Calcutta
Hello all,
Here I am sharing my experience...
whenever managment ask to employee to leave organisation immidiatly EMPLOYER should give EMPLOYEE current month salary + one month salary extra (Notice Period Salary from Employer side) as if we are releving him so early it wont be possible for him to find new job soon as a curtsy we should give him one month salary extra.
Regards,
Amruta
From India, Bhopal
Here I am sharing my experience...
whenever managment ask to employee to leave organisation immidiatly EMPLOYER should give EMPLOYEE current month salary + one month salary extra (Notice Period Salary from Employer side) as if we are releving him so early it wont be possible for him to find new job soon as a curtsy we should give him one month salary extra.
Regards,
Amruta
From India, Bhopal
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Notice of Employee Change.doc