In a typical case with an MNC, they have a clause written in their Appointment Letter regarding the Notice Period in the event of resignation. During training or probation, the notice period is 15 days, and post-confirmation, the notice period is 90 days.
My question is, if a confirmed employee with a notice period of 90 days resigns, is it necessary to withhold his salary fully or partially until he completes his notice period?
If we do not withhold the salary and the employee leaves without notice or completing the notice period, what actions can be taken in such a case?
From India, Daman
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My question is, if a confirmed employee with a notice period of 90 days resigns, is it necessary to withhold his salary fully or partially until he completes his notice period?
If we do not withhold the salary and the employee leaves without notice or completing the notice period, what actions can be taken in such a case?
From India, Daman
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Dear friend,
When the notice period is equal to or more than a month and the employee's resignation is only effective from a future date which is exactly after the entire notice period, it automatically implies that he is going to serve the entire notice period and the employer would relieve the employee on the expiry of the notice period only irrespective of the date of acceptance of resignation by him. So, how can the employer hold his salary for the intervening wage periods during which the employee has actually worked?
The effect of leaving in the middle of the notice period or without notice by the employee, sans the payment of partial or full notice salary as the case may be, can be one and the same, i.e., abscondence against which the employer has to initiate a formal disciplinary action and terminate the services of the employee on the grounds of misconduct.
From India, Salem
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6185When the notice period is equal to or more than a month and the employee's resignation is only effective from a future date which is exactly after the entire notice period, it automatically implies that he is going to serve the entire notice period and the employer would relieve the employee on the expiry of the notice period only irrespective of the date of acceptance of resignation by him. So, how can the employer hold his salary for the intervening wage periods during which the employee has actually worked?
The effect of leaving in the middle of the notice period or without notice by the employee, sans the payment of partial or full notice salary as the case may be, can be one and the same, i.e., abscondence against which the employer has to initiate a formal disciplinary action and terminate the services of the employee on the grounds of misconduct.
From India, Salem
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The effect of leaving in the middle of a notice period or without notice by the employee, without the payment of partial or full notice salary, can be one and the same, i.e., abscondence, against which the employer has to initiate formal disciplinary action and terminate the services of the employee on the grounds of misconduct.
Sir,
In case the management terminates an employee after serving the notice period, is such termination eligible for 25F benefits or not?
PVV
From India, Chennai
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Sir,
In case the management terminates an employee after serving the notice period, is such termination eligible for 25F benefits or not?
PVV
From India, Chennai
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Dear PVV,
Such a termination due to job abandonment should be the result of a formal disciplinary proceeding. Therefore, it constitutes a punitive termination of employment and does not fall under the definition of "retrenchment" as per Section 2(oo) of the Industrial Disputes Act, 1947. As a result, there is no question of any compensation under Section 25-F of the Act.
From India, Salem
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Such a termination due to job abandonment should be the result of a formal disciplinary proceeding. Therefore, it constitutes a punitive termination of employment and does not fall under the definition of "retrenchment" as per Section 2(oo) of the Industrial Disputes Act, 1947. As a result, there is no question of any compensation under Section 25-F of the Act.
From India, Salem
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