Dear Seniors
One of my friend has resigned during his probation period due to his immediate boss. He has served one month notice as per company's policy. But before the notice period gets over, he has been asked to leave by HR saying that we are reliving you earlier.
My query is that can an employer, ask an employee to leave during his notice period. If yes, shall an employee be liable to get the salary for the remaining days.
The HR executive of the company has verbally informed him not to continue his service.
Regards
From India, Mumbai
One of my friend has resigned during his probation period due to his immediate boss. He has served one month notice as per company's policy. But before the notice period gets over, he has been asked to leave by HR saying that we are reliving you earlier.
My query is that can an employer, ask an employee to leave during his notice period. If yes, shall an employee be liable to get the salary for the remaining days.
The HR executive of the company has verbally informed him not to continue his service.
Regards
From India, Mumbai
604
Reeta, The resigned employee is serving his notice period since it is the condition in his appt. letter and the appt. letter is issued by the company. However, if the company wishes to relieve an resigned employee earlier, it can very well do it, but then the payment has to be made for the entire notice period for which he was suppossed/agreed to work (since he had already agreed to stay in for that period which would have been accepted/agreed by the company). However, in case wherein such an employee, during the notice period resorts to poisioning the work-atmosphere or indulges in malpractices, etc, the company may very well terminate him/her (only if it has strong evidence) and may not even be required to pay for the remaining period.
But if the company is asking the resigned employee not to continue working in the notice period for the sake of it's convenience, then it would have to pay for the remaining period aswell.
These details would be there in the appointment letter. Please go through it properly.
Cheers
From India, Mumbai
But if the company is asking the resigned employee not to continue working in the notice period for the sake of it's convenience, then it would have to pay for the remaining period aswell.
These details would be there in the appointment letter. Please go through it properly.
Cheers
From India, Mumbai
Subject - Re: Resignation during notice period Yes, the employer can relieve early also. This is also mentioned in the appointment or contract letter. az
From India, Meerut
From India, Meerut
Dear Reeta,
Basically in the appnt letter this has been clearly mentioned if an employee leaves the organisation on his own will then he has to serve one month notice pay or else in case company terminates the employee company shall be liable to pay extra one month salary to an employee. (this one month notice pay clause in the appnt letter basically amended to recover the the position which has been vacant)
but here in your case, as far as i now, If an employee is leaving the comp. on his own will and serving the notice period as per the company's policy. now it is totally depends upon the company how early they ask to an employee leave the same.
so, in this particular case employee shall not get salary for remaining days of his notice period.
Regards,
Pushkar Bisht
From India, Delhi
Basically in the appnt letter this has been clearly mentioned if an employee leaves the organisation on his own will then he has to serve one month notice pay or else in case company terminates the employee company shall be liable to pay extra one month salary to an employee. (this one month notice pay clause in the appnt letter basically amended to recover the the position which has been vacant)
but here in your case, as far as i now, If an employee is leaving the comp. on his own will and serving the notice period as per the company's policy. now it is totally depends upon the company how early they ask to an employee leave the same.
so, in this particular case employee shall not get salary for remaining days of his notice period.
Regards,
Pushkar Bisht
From India, Delhi
Need to tell you one more point, in this case the employer has asked him to resign because he had gone on leave (application for leave has been given by him but didnt get the approval) & at the same time one of their ex- employee had approached the management for the job and got replaced in his position.
It was just 2 month , he has joined that organisation, how can an employer judge the performance of an individual within 2 months.
I checked out his appointment letter, which says, "incase if you wish to resign during your probationary period, a notice of 1 month needs to be given to the company. If management terminates your services during the probation period then it can do so".
When he resigned, he got mail from HR itself, that the last working date will be 13th Oct 11. After few days ,the HR itself forced him not to continue his sevice from 29th Sep 11. In this case, would he be getting salary for the remaining days or not?
Regards
From India, Mumbai
It was just 2 month , he has joined that organisation, how can an employer judge the performance of an individual within 2 months.
I checked out his appointment letter, which says, "incase if you wish to resign during your probationary period, a notice of 1 month needs to be given to the company. If management terminates your services during the probation period then it can do so".
When he resigned, he got mail from HR itself, that the last working date will be 13th Oct 11. After few days ,the HR itself forced him not to continue his sevice from 29th Sep 11. In this case, would he be getting salary for the remaining days or not?
Regards
From India, Mumbai
after reading the above scenario employer could not ask to serve the Notice period to an employee and this thing should be taken care by an employee as well when he had been asked for the same.
so, conclusion is that employee may not get his salary for the remaining days nor even claim or prove that employer asked him to serve Notice period as no such clause is there in the appnt letter.
regards,
From India, Delhi
so, conclusion is that employee may not get his salary for the remaining days nor even claim or prove that employer asked him to serve Notice period as no such clause is there in the appnt letter.
regards,
From India, Delhi
Dear Seniors
In continuation to the above case, Would like to know my friend has resigned in 1st week of September & has not got his F & F settlement as on date. As per company policy, the F & F settlement should be done within 1 month.
In this case, can an employee has right to complain against employer if he does not get his Full & FInal settlement on time.
It is a case where empoyee had been forced to resigned.
From India, Mumbai
In continuation to the above case, Would like to know my friend has resigned in 1st week of September & has not got his F & F settlement as on date. As per company policy, the F & F settlement should be done within 1 month.
In this case, can an employee has right to complain against employer if he does not get his Full & FInal settlement on time.
It is a case where empoyee had been forced to resigned.
From India, Mumbai
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