Termination Withour Notice Period Or Compensation

Hi,
An employee in my organisation has put in his papers and is willing to submit one month notice period as per the terms mentioned in his appointment letter.
However, the company does not want him to serve a notice period and wants to let him go with immediate effect. Obviously, he is only willing to go if he gets compensated for the same (again, as mentioned in the appointment terms)
The company refuses to pay off his notice period. What can be done about this?

Hi,
Please throw some light on this. Is he being terminated?is he confirmed? Why does the company want to relive him immediately?

Hi There.
He is a confirmed employee. He is not being terminated but now that he has voluntarily resigned, the company does not want him to serve a notice period and wants to relieve him immediately. But they are not willing to pay his salary in lieu of his notice period.

Hi,
If he is willing to serve notice period, he shoud be allowed to do so. And please let him know clearly no compensation is liable to him if he is being relived immediately. Please convey this after you have thoroughly checked your Company policy.

This is a funny situation.
If the guy wants to leave on his own accord, why does he need salary???
And if he is willing to pay his notice period amount, the co. should take it and resolve the case.
People are complicating it unnecessarily, I feel.
Cheers
K

Hi,
It would be unethical on the part of the organization to relieve him without compensating him. Generally there are very few employees who are willing to serve the notice period.
Understand his situation he would have requested a date of joining which is 30 days from the date of offer so as to make sure that he serves the notice.
As you have stated that in your appointment letter the term is mentioned, I suggest that he should be allowed to serve the notice or be compensated for the same.
Things like this affect the behavior of others in the organization, they would assume that one is not needed once s/he has resigned or some might even not serve or give minimum notice.
Best wishes,
Sunil Joshi
Manager - Human Resources

The guy is willing to stay 30 days in the company. It is the company that wants him to go immediately. How do we handle this???

IF the Management themselves DO NOT want to follow the RULES set by them, one cannot do much.
Try and convince the Management that since it is Company Policy, the Co. has to pay him the salary any which way. And also, since he will be serving notice period and will be gone, his last month's salary will be adjusted in his F&F.
Cheers
K

It may, but has remote possibilities. This would depend on the resoureces of the employee.
I have dealt with labour cases in my first organisation, out of several litigation there was only one which kept me on my toes. This employee had political connections, and was able to sustain.
Normally since the employee is the sole bread earner they refrain from getting into such situations.
But this will affect the other employees for sure, its more of a culture issue than a legal issue.
Best wishes,
Sunil

Hi,
If he has resigned from his position with the company, it is now on the discretion of the company to relieve him. Maximum time period that can be asked by the company is notice period. Company cant ask him to stay for more than notice period if he want to leave.
So, company can relieve him anytime within notice period. Compensation for notice period is applicable only when company wants his exit.
rgds,
Pankaj Mittal
ARCHELONS Consulting