Dear All,
An employee has tendered his resignation and he is joining our competitor company. While he is ready to serve one month notice period but the management wants to relieve him immediately, in which case whether he has the right to ask for notice pay from company side for relieving immediately.
From India, Madras
An employee has tendered his resignation and he is joining our competitor company. While he is ready to serve one month notice period but the management wants to relieve him immediately, in which case whether he has the right to ask for notice pay from company side for relieving immediately.
From India, Madras
117
Hi to all
Mr. Avika is right, as the employee had tendered his resignation with one month notice and the employer is not interested in his services any more, he is at liberty to relive him from services at once and he is not liable to pay the notice pay as the employee had resigned at his own and the employer had not asked him to quit his services at his will.
The employee had no right to claim the notice pay, if he relived immediately by the employer on receipt of the resignation with notice period. The breach of contract i.e. the appointment is from the side of the employee and not the employer at first place.
Mohan Rao
Manager HR
From India, Visakhapatnam
Mr. Avika is right, as the employee had tendered his resignation with one month notice and the employer is not interested in his services any more, he is at liberty to relive him from services at once and he is not liable to pay the notice pay as the employee had resigned at his own and the employer had not asked him to quit his services at his will.
The employee had no right to claim the notice pay, if he relived immediately by the employer on receipt of the resignation with notice period. The breach of contract i.e. the appointment is from the side of the employee and not the employer at first place.
Mohan Rao
Manager HR
From India, Visakhapatnam
If the management wants to get rid of the said employee immediately, then waive his notice period & relive him immediately. — — — N. K. Jagtap
From India, Karwar
From India, Karwar
If an employer has accept the resignation and security point of view they should releive immediately and pay his legal dues.
Receipted copy should be sign by employee. For safe side you can take help from labour officer also.
Regards,
CL Kasotia
Asstt. Mgr.-Personnel
From India, Delhi
Receipted copy should be sign by employee. For safe side you can take help from labour officer also.
Regards,
CL Kasotia
Asstt. Mgr.-Personnel
From India, Delhi
Hi,
Notice period or notice pay concept is based on avoiding inconvenience to the work assigned,for smooth transition/handover of the work etc - which leads to 1 month time,in case time is not given importance,money is given as a damage recovery in lieu of notice.
In this case employee does not want to stay so he has given a month notice.One month is maximum time after which he can not stay,but he has given notice means he can be relieved from his services as soon as this work transition is over,any time from the date of resignation. Employer also does not want his services and so it is employer's choice to let the employee go any time within the month without notice pay issue arising.
If an employer gives employee a lay off notice of one month and the employee has no work and also able to find a job the very next day then employer also can not demand the employee to give notice pay and then leave next day.
So this one month is the time during which one party is saying allow me to go ASAP and the other party may allow to go ASAP or on 30th day without the issue of notice pay.
Thanks
Geeta
From Korea, Seoul
Notice period or notice pay concept is based on avoiding inconvenience to the work assigned,for smooth transition/handover of the work etc - which leads to 1 month time,in case time is not given importance,money is given as a damage recovery in lieu of notice.
In this case employee does not want to stay so he has given a month notice.One month is maximum time after which he can not stay,but he has given notice means he can be relieved from his services as soon as this work transition is over,any time from the date of resignation. Employer also does not want his services and so it is employer's choice to let the employee go any time within the month without notice pay issue arising.
If an employer gives employee a lay off notice of one month and the employee has no work and also able to find a job the very next day then employer also can not demand the employee to give notice pay and then leave next day.
So this one month is the time during which one party is saying allow me to go ASAP and the other party may allow to go ASAP or on 30th day without the issue of notice pay.
Thanks
Geeta
From Korea, Seoul
Dear,
Your employee does not want to be with your organisation but your organisation wants to terminate his/her services.
I think you want to safe guard the employee's interest here. so that he/she will not be unemployeed for one month, look as per the job agreement the employee is serving the notice period thus it is the organisation who is at fault.
In my openion your organisation should pay one month salary for termination or as per the job agreement.
Rupendra Chahar
From India, Gurgaon
Your employee does not want to be with your organisation but your organisation wants to terminate his/her services.
I think you want to safe guard the employee's interest here. so that he/she will not be unemployeed for one month, look as per the job agreement the employee is serving the notice period thus it is the organisation who is at fault.
In my openion your organisation should pay one month salary for termination or as per the job agreement.
Rupendra Chahar
From India, Gurgaon
It's quite interesting if one looks at the responses in terms of that an employee does not qualify for a months notice pay in certain organisations. The employee resigned and undertook to work his/her notice period, but the company wants to release him/her with immediate effect in which to that effect the company is obliged in terms of our Labour Law in South Africa to pay in lieu of notice, provided such conditions are stipulated on the contractual agreement. If there is confidentiality clause and restraint of trade stipulations that must be confirmed by both parties and hounoured
From Germany
From Germany
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