Hi,
This may be a repeated question, and if it is request you to please point me in the direction of the answer!
My question is:
Say an employee resigns from the services of the organisation on 1st February and having a 2 month notice period, agrees to be relieved on 1st April after giving the appropriate handover.
If the organisation feels that the employee can finish the handover activities by 15th February and asks the employee to leave to join his/her new job - is the organisation liable to pay for the remaining notice period to the employee?
I would like to know if there is any legal aspect to this and if the organisation has to pay while the employee joins another company could it be seen as "dual employment"?
Please advise.
Thank you.
From India, Mumbai
2This may be a repeated question, and if it is request you to please point me in the direction of the answer!
My question is:
Say an employee resigns from the services of the organisation on 1st February and having a 2 month notice period, agrees to be relieved on 1st April after giving the appropriate handover.
If the organisation feels that the employee can finish the handover activities by 15th February and asks the employee to leave to join his/her new job - is the organisation liable to pay for the remaining notice period to the employee?
I would like to know if there is any legal aspect to this and if the organisation has to pay while the employee joins another company could it be seen as "dual employment"?
Please advise.
Thank you.
From India, Mumbai
Terms of appointment of an employee are enforceable under Contract Act. If the company wants to relieve the employee before 2 months, it will have to give notice pay for the remaining period. Full & final payment (including notice pay) is made to the employee on the date of relieving him and hence there is no question of double employment in this case.
From India, Malappuram
From India, Malappuram
Generally, notice period is served to handover the responsibilities and to ensure that absence of this employee will not impact the business. If the management feels that relieving this employee earlier will not affect the business then the management can relieve him within 15 days or earlier. We need not pay him for the remaining notice period days.
The notice period waiver details should be clearly communicated to the employee while accepting the resignation itself. The last working day details should be intimated to the employee.
AS the notice period is waived off by the Mgmt, we should not deduct any notice period recovery amount from his F&F.
From India, Bangalore
The notice period waiver details should be clearly communicated to the employee while accepting the resignation itself. The last working day details should be intimated to the employee.
AS the notice period is waived off by the Mgmt, we should not deduct any notice period recovery amount from his F&F.
From India, Bangalore
hi all, Can employer deduct notice period if there is no appointment letter given? Manish Gupta
From India, Mumbai
From India, Mumbai
My dear Friend....... Company is liable to pay that remaining notice period. Why?? Now just tell me, if company wants to relive one person without giving any notice period, What will the company do? The company will pay salary of Notice period....Am I Right???
Now here in your case....The employee has given a resignation with two months notice and company has accepted it? & after 15-20 days if company will not continue that guy then don't you think the same situation has occurred which I mentioned above??? It is a one type of agreement where one has offered something and the other has accepted it and once that procedure is completed then it bounds both the party........ Chalo Maan lo agar woh banda 2 mahine ki notice dene k baad 20 din me company chhod ne ki baat kare toh?? Will your company allow him to do so? No.....Never.......
It is really a nice question Chanchal......& Jo log sirf company k baare me sochte he unko congratulations...... aapka increment jal di aa jaayega.......... Par dosto think uski jagah aap hote toh??? Aapne new joining 2 months k baad ki promise ki he, purani company 15 din me aapko chhod rahi he........ Nayi company 2 mahine se pehle agar nahi leti toh woh 1.5 mahina aur 1 mahina nayi company me bagair paiso se kaise nikaloge YAARO........ Kuchh bhi bolne se pehle apne aap ko uss jagah rakh k sochna Chahiye Dosto....... What do you say my friend Chanchal???????????
From India, Bombay
Now here in your case....The employee has given a resignation with two months notice and company has accepted it? & after 15-20 days if company will not continue that guy then don't you think the same situation has occurred which I mentioned above??? It is a one type of agreement where one has offered something and the other has accepted it and once that procedure is completed then it bounds both the party........ Chalo Maan lo agar woh banda 2 mahine ki notice dene k baad 20 din me company chhod ne ki baat kare toh?? Will your company allow him to do so? No.....Never.......
It is really a nice question Chanchal......& Jo log sirf company k baare me sochte he unko congratulations...... aapka increment jal di aa jaayega.......... Par dosto think uski jagah aap hote toh??? Aapne new joining 2 months k baad ki promise ki he, purani company 15 din me aapko chhod rahi he........ Nayi company 2 mahine se pehle agar nahi leti toh woh 1.5 mahina aur 1 mahina nayi company me bagair paiso se kaise nikaloge YAARO........ Kuchh bhi bolne se pehle apne aap ko uss jagah rakh k sochna Chahiye Dosto....... What do you say my friend Chanchal???????????
From India, Bombay
QUESTION— As per the terms of service, a notice period of 2 months or salary in lieu of the same is necessary when job is terminated / resigned. The employee gives a notice on 1st February to be relieved on 1st April so as to join a new company on 1st April.The company asks him to leave on 15th February and the employee agrees and joins the new company on 15th February.
Can the employee sue the company to get one and a half month’s salary?
ANSWER—No. The court will deem it as dual employment, which is not permissible. Even otherwise, once the employee decides to leave earlier than the expiry of full notice period, he would be legally deemed to have withdrawn his two months’ notice and replaced it by a 15 days’ notice, for which he is liable to pay one and a half months salary but the same is waived by mutual consent. One cannot eat the cake and have it too.
-- M C Gupta
MD (Medicine), LL.M.
Ex-Professor
Practising advocate
25 January 2010
From United States, Sunnyvale
Can the employee sue the company to get one and a half month’s salary?
ANSWER—No. The court will deem it as dual employment, which is not permissible. Even otherwise, once the employee decides to leave earlier than the expiry of full notice period, he would be legally deemed to have withdrawn his two months’ notice and replaced it by a 15 days’ notice, for which he is liable to pay one and a half months salary but the same is waived by mutual consent. One cannot eat the cake and have it too.
-- M C Gupta
MD (Medicine), LL.M.
Ex-Professor
Practising advocate
25 January 2010
From United States, Sunnyvale
I think its very common practice....
if EMPLOYEE need to leave during notice period may leave remaing days notice period pay coz employer want him to serve till the notice period ends.
If EMPLOYER want employee to leave early while on notice period, may give full pay of notice period pay coz employee want to service till the end of notice period.
Only diff is to leave remaining days pay if employee want leave during notice period but company liable to pay.
Rest the conditions shall governed as per the country labor laws..
Regards,
Furqan SAEED
Karachi, Pakistan.
From Pakistan, Karachi
if EMPLOYEE need to leave during notice period may leave remaing days notice period pay coz employer want him to serve till the notice period ends.
If EMPLOYER want employee to leave early while on notice period, may give full pay of notice period pay coz employee want to service till the end of notice period.
Only diff is to leave remaining days pay if employee want leave during notice period but company liable to pay.
Rest the conditions shall governed as per the country labor laws..
Regards,
Furqan SAEED
Karachi, Pakistan.
From Pakistan, Karachi
Any exit formalities must be in line with the terms of employment. If an employee gives the resignation saying "on or before --- date (this date must be the notice period as per terms of employment)", or "as early as possible", then neither employee, nor the employer are liable for any notice period compensation. In case the date is specified as "on --- (date)", & the employer wishes to relieve him early, employer has to compensate. In case, if employee comes forward and agree to get relieved without compensation, the same has to be specified in full and final settlement letter / statement, to avoid any legal hazzles at a later date.
From India, Bangalore
From India, Bangalore
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