Dear prashant_nair
Perfect opinion. I agree with you.
There has been many similar posts in this forum, and I wish members would take note of what you have said; especially this,
"On the contrary where the employee shows willingness to serve the notice period and if he is not permitted, then he is entitled to salary for the unserved portion of the notice period."
I have noticed that many HR professionals miss out on this part.
They wrongly assume that once a person his tendered resignation, his services can be dispensed with, without any notice pay being given by the employer.
Regards.
From India, Delhi
1426Perfect opinion. I agree with you.
There has been many similar posts in this forum, and I wish members would take note of what you have said; especially this,
"On the contrary where the employee shows willingness to serve the notice period and if he is not permitted, then he is entitled to salary for the unserved portion of the notice period."
I have noticed that many HR professionals miss out on this part.
They wrongly assume that once a person his tendered resignation, his services can be dispensed with, without any notice pay being given by the employer.
Regards.
From India, Delhi
As far as understand in case of an employee giving resignation and the employer wants to relieve him earlier, it would depend on the condition laid down in the appointment letter, which is mutually binding and in most of the designs it is imperative on the part of the employer to reimburse the notice pay for the period, where in he is sent ealry.
Dear Seniors,
Please suggest me something on my query -- There is an employee who gave his resignation on 31st aug and wants to leave the organization on 20th september.but as per the appointment clause we give one month notice period before the resignation. This employee has 6 leaves remaining also. So what compensation should be imparted by the employee or employer..
Kindly Help!!!
From India, New Delhi
Please suggest me something on my query -- There is an employee who gave his resignation on 31st aug and wants to leave the organization on 20th september.but as per the appointment clause we give one month notice period before the resignation. This employee has 6 leaves remaining also. So what compensation should be imparted by the employee or employer..
Kindly Help!!!
From India, New Delhi
Dear Aarti
He can be relieved on 20th Sep.
While preparing his Full & Final settlement, 4 days salary may be deducted (accounting for 6 days leave - if its EL/PL) out of the shortfall of 10 days of notice period.
Additional suggestion for guidance : His relieving letter and experience certificate along with the full and final settlement cheque can be handed over to him on the afternoon of 19th or 21st Sep. during the Farewell meeting arranged by HR and presided by a senior.
Regards.
From India, Delhi
He can be relieved on 20th Sep.
While preparing his Full & Final settlement, 4 days salary may be deducted (accounting for 6 days leave - if its EL/PL) out of the shortfall of 10 days of notice period.
Additional suggestion for guidance : His relieving letter and experience certificate along with the full and final settlement cheque can be handed over to him on the afternoon of 19th or 21st Sep. during the Farewell meeting arranged by HR and presided by a senior.
Regards.
From India, Delhi
sir, my employment contract says that i need ti give a notice of 45 days. however on mutual verbal agreement i was released 10 days earlier and i have recieved a reliveing letter saying, i am done from all my responsibilties. now my employer says that since you have left 10 days earlier. there will be deductuion in the salary. i spoke to them about the reliveing letter statement. but they denied paying me the salary. wht should i do. should i forgo 10 days salary. or what??? if possible mail me on 
From India, Bhopal
From India, Bhopal
releaving after mutual discussion does not always means waiver of notice pay. In case if your appointment letter states that after releavant approvals notice can be waived off then it should have been discussed by you at the time of your discussion with the concerned authorities. It should have been pointed out clearly that along with notice period you also required waiver on the pay out.
From India, Mumbai
From India, Mumbai
Please follow the link where some discussions have taken place and my point earlier made was also corrected in tune to some court verdicts.
https://www.citehr.com/201837-resign...ml#post1334574
Regards,
Madhu.T.K
From India, Kannur
https://www.citehr.com/201837-resign...ml#post1334574
Regards,
Madhu.T.K
From India, Kannur
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