What is the procedure for the Notice Period if an employee quits the organization? If in appointment clause is given as either to give 3 months notice period in lieu of 3 months basic and if an employee is ready to pay 3 months basic to the company, can the company hold the employee to stay for 3 months and not give the relieving or service certificates? Whether the company can get any legal action by employees for not giving the Relieving & Service orders. Pl clarify
From India, Chennai
From India, Chennai
Hi,
As per the terms and conditions of appointment order if either party can terminate by giving 3 months notice or 3 months salary then you cannot hold the relieving of the employee. Because employee is willing to follow the separation clause by giving months 3 months basic or salary what ever it may be.
Only thing you can do you can call the employee for a discussion and explain that company require some breathing time to look for replacement and also he need to hand over his responsibilities and ask him to support for 30-45 days and balance days adjust from his settlement.
Being in HR our role is to look for amicable solution where ever possible and should not complicate the issue further
From India, Madras
951As per the terms and conditions of appointment order if either party can terminate by giving 3 months notice or 3 months salary then you cannot hold the relieving of the employee. Because employee is willing to follow the separation clause by giving months 3 months basic or salary what ever it may be.
Only thing you can do you can call the employee for a discussion and explain that company require some breathing time to look for replacement and also he need to hand over his responsibilities and ask him to support for 30-45 days and balance days adjust from his settlement.
Being in HR our role is to look for amicable solution where ever possible and should not complicate the issue further
From India, Madras
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