Hi
One of my employee has put forward her resignation dated 20th june. But she has been on leave due to health reasons since last week of may . I have already paid her may salary . Now she has no leave on credit so is on loss of pay . My employee has stated that she wont be able to serve the notice period as she is unfit to travel .
Now my querry here is :
1) am i entitled to pay her for her one month notice period when she has said she cant be present .
2) Can she move legally against us for not paying
her ?
3) Or should we ask her to pay us back for not serving the notice period
Pls help me on regarding this matter
Thanx n Rgds
Shanza Sunil
From India, Bangalore
One of my employee has put forward her resignation dated 20th june. But she has been on leave due to health reasons since last week of may . I have already paid her may salary . Now she has no leave on credit so is on loss of pay . My employee has stated that she wont be able to serve the notice period as she is unfit to travel .
Now my querry here is :
1) am i entitled to pay her for her one month notice period when she has said she cant be present .
2) Can she move legally against us for not paying
her ?
3) Or should we ask her to pay us back for not serving the notice period
Pls help me on regarding this matter
Thanx n Rgds
Shanza Sunil
From India, Bangalore
Whther she requested to accept her resignation with immedaite effct? B.Saikumar HR & Labour Law advisor Mumbai
From India, Mumbai
1899From India, Mumbai
Mr.Sunil
Since you are not terminating her service without notice, you need not pay any notice pay. So far she is concerned, she has submitted her rsignation and expressed her inability to serve the notice period, she is required to pay you the wages for one month in lieu of notice.however, having regard to her condition, you may accept her resignation with immediate effcet( if she has not expressed her intention to be relieved with effect from a future date) to achieve a win-win situation.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Since you are not terminating her service without notice, you need not pay any notice pay. So far she is concerned, she has submitted her rsignation and expressed her inability to serve the notice period, she is required to pay you the wages for one month in lieu of notice.however, having regard to her condition, you may accept her resignation with immediate effcet( if she has not expressed her intention to be relieved with effect from a future date) to achieve a win-win situation.
B.Saikumar
HR & Labour Law advisor
Mumbai
From India, Mumbai
Hi Shanza,
Well I agree with Mr. Saikumar.
And I dont know what Notice period terms you have used and your understanding says but generally, there is no question about to pay notice period to any employee who him/herself wanna leave the job or resigning from the post. Notice Period employer bound to pay any employee when they found themselves in a situation where they cant retain the employees and have have to ask employee to leave, and this is called COMPENSATION for lose of employment. But here in your case, employee has resigned with a reason, therefore,
Answer 1- There is no need to pay anything to her accept dues with F&F. (if any)
Answer 2- She cant take any legal action because you haven't breech the employment terms and she has resigned herself. (please go through the employment -Notice Period terms once
Answer 3- Depends on you but if you found her reasons are genuine, I believe she can be relieved and there is no need to ask her for paying you back. But the other fact which we cant deny is; there are numbers of cases where people make false statements and reason to leave the job with immediate effect, therefore, you must ask her for the medical bills/prescriptions for your record or if there are dues on her account.
From India, Gurgaon
Well I agree with Mr. Saikumar.
And I dont know what Notice period terms you have used and your understanding says but generally, there is no question about to pay notice period to any employee who him/herself wanna leave the job or resigning from the post. Notice Period employer bound to pay any employee when they found themselves in a situation where they cant retain the employees and have have to ask employee to leave, and this is called COMPENSATION for lose of employment. But here in your case, employee has resigned with a reason, therefore,
Answer 1- There is no need to pay anything to her accept dues with F&F. (if any)
Answer 2- She cant take any legal action because you haven't breech the employment terms and she has resigned herself. (please go through the employment -Notice Period terms once
Answer 3- Depends on you but if you found her reasons are genuine, I believe she can be relieved and there is no need to ask her for paying you back. But the other fact which we cant deny is; there are numbers of cases where people make false statements and reason to leave the job with immediate effect, therefore, you must ask her for the medical bills/prescriptions for your record or if there are dues on her account.
From India, Gurgaon
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