manukarnika
Hi, if an employee gives 10 days notice for resignation and if the employee is being relieved before the 10 day notice period, should the salary paid include the 10 days or not? Please advise.
From India, Kochi
R.N.Khola
363

Dear, Relieving an employee from service before the expiry of notice period can not be stated to be justified.
From India, Delhi
gopianu_99
Yes, of course. Salary for the balance days have to be paid, if the employee gives notice of resignation, provided if there is a separation clause insisting notice period, in the appointment letter.
From India, Pune
ashok_6984
5

Hi,
The 10 days salary needs to include in his final settlement process. For example, 30 days is a notice period in his appointment letter, then you must to adjust those 10 days of employee served & also recover the balance days in his settlement. Simply the employee has liable for the non served notice period.
Regards,
Ashok.

From India, Madras
globaloverseas144
46

Dear Manu,
Please read the appoinment letter,there must be 30 days notice period,incase it is 10 days,if the employee is being relieved before the 10 day notice period,then your should pay the salary include the 10 days.
Best REgards
Sajid Ansari-Delhi

From India, Delhi
nagaraj1946
1

hello
there are many aspects on this issue
- if the employee's service is necessary, one should try to retain him
- if not it is always adviceble to relieve the employee, instead of waiting for the notice period to expire and also pay him the notice period salary.
- i always feel to relieve the employees as soon as they make up their mind to resign,
BUT CARE SHOULD BE TAKEN TO SEE THAT ALL DUES TO THE COMPANY IS TO BE CLEARED ALSO ANY COMPANY PROPERTY HAS TO BE TAKEN FROM SUCH AN EMPLOYEE

From India, Bangalore
Madhu.T.K
4249

For resignation the question of paying notice pay by the employer does not arise. Therefore, if the employee resigns and the employer is ready to relieve him with immediate effect, he can do so without paying the employee any notice pay because this separation is at the initiative of the employee and not the employer.
Regards,
Madhu.T.K

From India, Kannur
Bob Gately
45

Hello manukarnika:

"if an employee gives 10 days notice for resignation and if the employee is being relieved before the 10 day notice period, should the salary paid include the 10 days or not?"

Yes.

"Please advise."

It depends on what you want to receive in return.

Do you have a written policy regarding a notice period?

Are you prepared for other employees to give no notice since there will be no benefit to them for providing a notice period?

An employer should treat a departing employee fairly even when a valued employee gives notice.

How departing employees are treated will help decide how employees will depart in the future.

From United States, Chelsea
Raj Kumar Hansdah
1426

Yes, you should give him notice pay; if you do not want him any longer.
The employee is willing to work for 10 days more (considering if you have a 10 day notice system), so you can not prevent him from doing so and affect his livelihood; just for the sake of your ego - "Look, I removed the person summarily, who dared to give resignation !"
Such attitude will land you in trouble in the Labour Court (should the ex-employee choose to file a case), and in the long run also - as you yourself are defining your company's culture of treating your employees in a shameful way.

From India, Delhi
prashant_nair
2

Dear all!!! From the query it is not very clear whether in the appointment order or any where else there is mention of notice period. But, as stated if the employee has opted to e relieved after 10 days it is not mandatory for the employer to wait till that time. He can be relieved any day prior to the 10th day without incurring any liability to pay wages.
But if there is a provision of notice period, the employee is required to give notice, then he ought to serve the notice period. And on his failure to do so recovery of notice period pay can be made from his dues. On the contrary where the employee shows willingness to serve the notice period and if he is not permitted, then he is entitled to salary for the unserved portion of the notice period.
Regards KK


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