Notice Period - Employee Notice Period [Thread 191738]

As he is ready to serve the notice period and the company dos not want him to server the notice period the company has to pay him for the notice period within the next 2 working days from his date of release..

You need to see what he has written in the resignation letter. If he has written as releive me at the earlist you have no problem at all and he can't claim notice period.

hi,
Than looking this problem from a HR point of view lets look this problem as a normal man.
Its found that employee is going to join in competitor company, therefore there is no point having him in payroll. its always better to give him the 1month salary. if v accept his 1 month notice, its our own risk that he may gather more abt our company n he may pass on to competitor.

If the management agrees to hold his resignation till his notice period, it is ok.
Otherwise the management can relieve him immediately - no notice pay is to be collected or given to him.

Mr.Ramachandran,
You are partially correct. If the terms are clearly written on the appt letter, your version is correct. If it is not spelt out, employer has to pay the entire notice pay.

1. pls check whether the employee has given resignation letter requesting to relieve him at the earliest, then you can very well relieve him immediately and you are not bound to pay him any notice period pay.
2. Further, if you feel that his continuance in present employment would jeopardise your company interests, you can very will relieve him without
any notice pay.
3. Further, since he has got plans to join in a new Company, definitely
he will expect a good relieving letter from you. So, I feel there would be
no problem in relieving him without notice pay.

Employer has to pay notice pay when employer is terminating the employee without giving notice. When the employee is resigning, where is the quesiton of paying notice pay by the employer ?
When the employee is resigning, employee has to give notice or pay in lieu of notice. In this case, the employer is willing to relieve without insisting notice on the part of employee. Employee should be thankful for early relieving without insisting on notice pay.

Hello Everybody ,

Like some members have mentioned , if the notice has been put down by the employee voluntarily then the company can let go off the employee anytime without paying any compensation for the same . Only if the employee is asked to leave then the compensation part comes into play.

Regarding what is mentioned in the Appointment letter not everything is written in black and white all the time. Somethings and not mentioned but carried out as per the working of the company .

For example off timings are 9 to 6 , how many people actually come at 9 , but we can be rest assured we will find many who leave at 6 or before. We we start writing everything in the Appt Letter or Handbook it will be an endless Saga . Here we are dealing with people with various situation and at times it has to be dealt case to case.

Ideally an employee should not object , but he / she does then handle it a manner justifiable to both the organization as well as the employee . At the end out going employee should realize that rules are the same for all there is nor prejudice or bias what so ever.

Thanks & Regards
Gargi V Shetty

If the terms of contract expressly provide for one month notice by either side to terminate the contract, then the resignation will take effect one month from the date the resignation was tendered. Till such date the employee is legally entitled to be in service and wages or salary for the notice period.
If the employee is informed that his resignation is accepted with immediate effect, contrary to the terms of contract, that would be illegal and amount to unilateral and arbitrary termination of service, and hence the employee can seek legal remedy.
In this connection I would suggest reading Punjab National Bank Vs P K Mittal-1989(74) FJR 456.
This being the case, it would just be legal and prudent for the employer to give him one month salary in lieu of his being asked not to work during the notice period ,and avoid unnecessary litigation.
Sanu Soman

Dear All,
i have one querry, i was working in one MNC company & resigned from that company without any notice period, even my company havent ask for notice period. i have asked my HR about settlement amount and she replied that u will get it in a months time. after 2 months i have asked about it again, on that time she said "you have to pay the notice amount to the company coz you havent serve notice period. this is my example, after somedays my collegue have resigned from that company after compileting her notice period, then also she get the letter about payment of notice period.
i want to know from all of you that what action can i take??
because i think this is the loss for the employee.
Plz send me your feedback.