Dear All seniors,
I am working as HR in IT Company. Recently one of our employee put resign on 29 may. That employee was on junior level so there was no need to take backup or handover the work to other employee. Due to that reason we accepted the resign immediately and ask that employee to do not come from 1st June. Employee was agree and didn’t come from 1st June.
Now employee is asking for one Month (June) salary. He told that he is ready to serve one month notice period. His last of employment is 30 May.
Is company liable to pay?
From India, Surat
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51I am working as HR in IT Company. Recently one of our employee put resign on 29 may. That employee was on junior level so there was no need to take backup or handover the work to other employee. Due to that reason we accepted the resign immediately and ask that employee to do not come from 1st June. Employee was agree and didn’t come from 1st June.
Now employee is asking for one Month (June) salary. He told that he is ready to serve one month notice period. His last of employment is 30 May.
Is company liable to pay?
From India, Surat
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Certainly, YES, if he had stated that he would serve for one month as per the terms of appointment. At the same time, if the terms of appointment are silent about the notice period, then he cannot ask for one month's salary. Now, it has become like the employer is asking him to go, and in such a scenario, he should be compensated for the lost salary.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Hi Rakesh,
In the normal course, the minimum notice period is one month, which will vary from company to company based on the grade and level of the employee. Please check the terms and conditions of the appointment order, which has been issued on the separation clause. Also, clarify whether the employee had made any request for early relief or showed reluctance in serving the notice period.
From India, Madras
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In the normal course, the minimum notice period is one month, which will vary from company to company based on the grade and level of the employee. Please check the terms and conditions of the appointment order, which has been issued on the separation clause. Also, clarify whether the employee had made any request for early relief or showed reluctance in serving the notice period.
From India, Madras
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As per the project requirements, we can confirm that your resignation has been approved, and your last working day will be on the 30th of May. The full and final settlement will be processed in accordance with your policy. There is no need to consider the candidate's interest in this matter.
From India, Hyderabad
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From India, Hyderabad
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Hi,
If he had requested to leave immediately and you had needs for backup and handover, would you have asked him to pay the one-month salary to buy out the notice period?
Contracts are not based on scenarios and situational priorities. Check the facts, and you may have to pay him one month's salary if that is agreed as per the appointment letter. If you have not issued him a relieving letter yet, then you can negotiate with him to work for 30 days from now and pay one month's salary. Time lost in June until now can be considered as non-paid leave, as generally there is no leave in the notice period, and the notice period also extends for this leave period. This will not show a gap in his resume for the next job, and you will not have to pay for non-productive time.
This is, of course, if you have work for him and want him to work further for you after resignation. Since he is a junior-level employee, there should be no problem.
Best Regards,
Amod.
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If he had requested to leave immediately and you had needs for backup and handover, would you have asked him to pay the one-month salary to buy out the notice period?
Contracts are not based on scenarios and situational priorities. Check the facts, and you may have to pay him one month's salary if that is agreed as per the appointment letter. If you have not issued him a relieving letter yet, then you can negotiate with him to work for 30 days from now and pay one month's salary. Time lost in June until now can be considered as non-paid leave, as generally there is no leave in the notice period, and the notice period also extends for this leave period. This will not show a gap in his resume for the next job, and you will not have to pay for non-productive time.
This is, of course, if you have work for him and want him to work further for you after resignation. Since he is a junior-level employee, there should be no problem.
Best Regards,
Amod.
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Dear Member,
It is not candidate interest; it is based on the terms and conditions of the appointment letter. If the company has a provision of one month notice pay vice versa, then he is entitled to get one month notice pay.
From India, Delhi
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It is not candidate interest; it is based on the terms and conditions of the appointment letter. If the company has a provision of one month notice pay vice versa, then he is entitled to get one month notice pay.
From India, Delhi
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Kindly check what clauses are mentioned in the Appointment Letter regarding the Separation of Services. You should have one signed copy of the letter from the employee in question. If the letter does not specify notice period payments, then there is no need to compensate the employee for that. If you have not yet provided the employee with the relieving and experience letter, then instruct them to work for an additional month before compensating them accordingly, indicating an extension in their resignation or notice period. Since the employee is at a junior level, it is unlikely that they will raise significant issues regarding this matter.
Good luck!
From India, Mumbai
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Good luck!
From India, Mumbai
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I do not agree with the presumption of Ashwini that if he is a junior-level employee, he will not create many issues. Rather, I would like to say that if he is a junior-level employee, you should be very careful because the provisions of the Industrial Disputes Act will help such employees.
It is also interesting that Rakeshmba, who started this thread with his concern, is not responding despite us asking for clarifications about what is written in the appointment order regarding the separation clause!!
Madhu.T.K
From India, Kannur
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It is also interesting that Rakeshmba, who started this thread with his concern, is not responding despite us asking for clarifications about what is written in the appointment order regarding the separation clause!!
Madhu.T.K
From India, Kannur
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Dear all,
In the appointment letter, there is a one-month notice period. The concern here is that the company does not want to continue with the employee and does not intend to pay the salary for the month of June. The employee is requesting to serve the notice period and receive payment for the month of June as per the notice period salary.
Thank you.
From India, Surat
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In the appointment letter, there is a one-month notice period. The concern here is that the company does not want to continue with the employee and does not intend to pay the salary for the month of June. The employee is requesting to serve the notice period and receive payment for the month of June as per the notice period salary.
Thank you.
From India, Surat
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Please refer to the terms of his appointment. Normally, the appointment letter will state that if you wish to leave the organization, you must provide one month's notice or one month's salary in lieu of one month's notice on either side. If this is specified in the appointment letter, the company is obligated to pay one month's salary because the employee has submitted their resignation and expressed a desire to continue working in your organization. As management, you have only prevented the employee from coming to the office after the resignation has been submitted.
From India, Madras
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From India, Madras
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