Hi All
If somebody's services are being terminated by the Company and as per the terms and conditions of the Appointment Letter there is notice period of three months. In the lieu of this notice pay Company should pay three months salary to the employee. Now i would like to know is it possible that Company ask to the employee to sit at the home and his notice pay will be paid to him after three monts only? In my opinion it should be paid to the employee on the expiry of the second working day from the day on which his services was terminated or on monthly basis.
Pl comments
From India, New Delhi
1If somebody's services are being terminated by the Company and as per the terms and conditions of the Appointment Letter there is notice period of three months. In the lieu of this notice pay Company should pay three months salary to the employee. Now i would like to know is it possible that Company ask to the employee to sit at the home and his notice pay will be paid to him after three monts only? In my opinion it should be paid to the employee on the expiry of the second working day from the day on which his services was terminated or on monthly basis.
Pl comments
From India, New Delhi
Amit No its other way round, a Company has asked one of my friend to sit at home and they will pay him after three months. Is there any Law on this??
From India, New Delhi
From India, New Delhi
hi all,
there is no point in asking an employee to sit in home and paying the notice period. it will be better to terminate him on the first day itself by giving him the notice period. that is the usual practice otherwise he may cause some unwanted sort of issues as he is in the rolls for the period or he can involve in the trade union activities too as long as he is not terminated from the services.
From India, Bangalore
there is no point in asking an employee to sit in home and paying the notice period. it will be better to terminate him on the first day itself by giving him the notice period. that is the usual practice otherwise he may cause some unwanted sort of issues as he is in the rolls for the period or he can involve in the trade union activities too as long as he is not terminated from the services.
From India, Bangalore
Hi,
It is always better to pay off and settle the issue, once company decided that employee should not serve the notice period.
It does not serve any purpose. Either you ask the employee to attend the office during notice period and on expiry of notice period relieve him, but keepig things pending does more harm than good
With best regards
Daleep K Parimoo
It is always better to pay off and settle the issue, once company decided that employee should not serve the notice period.
It does not serve any purpose. Either you ask the employee to attend the office during notice period and on expiry of notice period relieve him, but keepig things pending does more harm than good
With best regards
Daleep K Parimoo
Dear Subhash,
On company's decision to terminate an employee only following 2 are advisable:
To release him on day 1 with 3 months notice pay
Employee can take PL (whatever is balance in employees account) n post which notice pay can be given
In both the cases notice pay is for 3 months only , however in second option , the employee can be continued on company roll for a extended period.
Hope this is of some help
Thanks & Regards
Shobha Pandey
From India, Mumbai
On company's decision to terminate an employee only following 2 are advisable:
To release him on day 1 with 3 months notice pay
Employee can take PL (whatever is balance in employees account) n post which notice pay can be given
In both the cases notice pay is for 3 months only , however in second option , the employee can be continued on company roll for a extended period.
Hope this is of some help
Thanks & Regards
Shobha Pandey
From India, Mumbai
Hello,
This all is governed by company certified HR manual/ Terms and conditions of appointment order or existing model / certified standing order. Weather the condition of compulsory leave exists in any of the above, only in that condition you are at liberty to do so. Otherwise you are bound to pay the compensation as per the terms and conditions by terminating the services after imparting fair and proper domestic enquiry. and if there is any proceeding going on in court in accordance with ID act, then you have to take the permission of labour Court also.
Thanks
Ajay Morolia
From India, Delhi
This all is governed by company certified HR manual/ Terms and conditions of appointment order or existing model / certified standing order. Weather the condition of compulsory leave exists in any of the above, only in that condition you are at liberty to do so. Otherwise you are bound to pay the compensation as per the terms and conditions by terminating the services after imparting fair and proper domestic enquiry. and if there is any proceeding going on in court in accordance with ID act, then you have to take the permission of labour Court also.
Thanks
Ajay Morolia
From India, Delhi
Hello,
As I think he is entitled to receive compensation as per the terms and conditions of Appointment Letter / Standing Order. and termination of service can only be done after holding fair domestic enquiry, in absence of this employer should remain ready for facing trial under ID Act 1947 under section 25 F, for retrenchment.
Thanks
Ajay Morolia
From India, Delhi
As I think he is entitled to receive compensation as per the terms and conditions of Appointment Letter / Standing Order. and termination of service can only be done after holding fair domestic enquiry, in absence of this employer should remain ready for facing trial under ID Act 1947 under section 25 F, for retrenchment.
Thanks
Ajay Morolia
From India, Delhi
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