Why should an employee give notice to their employer when the employer fails to live up to company policy. When the word gets around among the employees, some or many of them may not give a notice. I don't know what your labor laws are, but in some countries employers are held liable for unpaid wages when the employee gives a proper and timely termination notice. Are your employees considered as contract employees, similar to the Sales representatives.
Yes, agree with you. The labour law here of course did state that the termination clause is for both employee and employer. If an employer does breach the condition of the contract of service, the employer is held liable to pay the notice period to the employee.
Contract of service here means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract. (Employment Act 1955, Malaysia)
The contract of service I referred to does not mean contractual employees. It is an agreement between an employee and employer, which includes all sort of employees, such as short term contract employees.
Thanks for sharing.
From Malaysia, Kuala Lumpur
1Contract of service here means any agreement, whether oral or in writing and whether express or implied, whereby one person agrees to employ another as an employee and that other agrees to serve his employer as an employee and includes an apprenticeship contract. (Employment Act 1955, Malaysia)
The contract of service I referred to does not mean contractual employees. It is an agreement between an employee and employer, which includes all sort of employees, such as short term contract employees.
Thanks for sharing.
From Malaysia, Kuala Lumpur
Hello Rekha,
We all know the reason for having notice period, i.e. is to have a smooth handing over and taking over and the same time may be used to look for a suitable replacement.
The question is not whether the company should pay for the remaining notice period or not but what is logical in the situation.
How would you differentiate an employee who has an offer and wants to leave after serving 10 days notice period with a person who as per the appointment agreement is willing to serve the stated 30 days notice.
If the employee leaves without serving the full notice we surely recover the shortfall in notice, but why penalise an employee who probably have negotiated with the prospective employer for a DOJ later than 30 days (pl note that by joining early s/he may increase her/his earning, assuming s/he is moving for atleast a 10 - 15 % increase).
By releasing an employee earlier than the notice period without compensating would force her/ him to be unemployed for the such period the employee wanted to serve as notice which the company doesnot.
From another angle, in future most of the employees who resign will make sure that their DOJ with prospective employers is not beyond 10 days (knowing how the company treats an employee willing to serve full notice).
These are purely my thoughts and perceptions not binding on anyone.
Thanks,
Sunil Joshi
From United States, Bedford
We all know the reason for having notice period, i.e. is to have a smooth handing over and taking over and the same time may be used to look for a suitable replacement.
The question is not whether the company should pay for the remaining notice period or not but what is logical in the situation.
How would you differentiate an employee who has an offer and wants to leave after serving 10 days notice period with a person who as per the appointment agreement is willing to serve the stated 30 days notice.
If the employee leaves without serving the full notice we surely recover the shortfall in notice, but why penalise an employee who probably have negotiated with the prospective employer for a DOJ later than 30 days (pl note that by joining early s/he may increase her/his earning, assuming s/he is moving for atleast a 10 - 15 % increase).
By releasing an employee earlier than the notice period without compensating would force her/ him to be unemployed for the such period the employee wanted to serve as notice which the company doesnot.
From another angle, in future most of the employees who resign will make sure that their DOJ with prospective employers is not beyond 10 days (knowing how the company treats an employee willing to serve full notice).
These are purely my thoughts and perceptions not binding on anyone.
Thanks,
Sunil Joshi
From United States, Bedford
Hi,
In case, If an employee wants to leave early ,he has to pay one month pay or propotinate amount of the notice period. It is sole discretion of the management,whether wants recover notice pay or not.
It is better to see rules of the company and do accordingly.
Niraj Saxena
From India, Nagpur
In case, If an employee wants to leave early ,he has to pay one month pay or propotinate amount of the notice period. It is sole discretion of the management,whether wants recover notice pay or not.
It is better to see rules of the company and do accordingly.
Niraj Saxena
From India, Nagpur
Hi, SC
You have rightly pointed out the industrial dispute act. The purpose of the section is to avoid missuse of powers by management. Moreover when an employee signs appointment letter he enters into contract with the employee and both the parties are bound by the law to follow the conditions mentioned in the contract.
Any breach of the contract would have legal implication on the party not complying the conditions of the contract.
S.K
From India, Jaipur
You have rightly pointed out the industrial dispute act. The purpose of the section is to avoid missuse of powers by management. Moreover when an employee signs appointment letter he enters into contract with the employee and both the parties are bound by the law to follow the conditions mentioned in the contract.
Any breach of the contract would have legal implication on the party not complying the conditions of the contract.
S.K
From India, Jaipur
Hi,
I agree with what Swastik saik & explained. Notice period is either from the company's end when they terminate your services/ they pay the salary in lieu but if the motice period is due to voluntary resignation of the employee, the decision lies on the company whther they want to releive him in 2 days/ 20/30days. The company has the right to complete the KT & relieve the employee. So I dont think the company needs to pay the employee for relieving him earlier.
What I suggest is just complete his clearance, hand over to him his relieving & exp certificate & ask him to leave ASAP before he creates a scene. As u rightly said Empty Mind is a Devils workshop.
Regards,
Pooja
From India, Pune
I agree with what Swastik saik & explained. Notice period is either from the company's end when they terminate your services/ they pay the salary in lieu but if the motice period is due to voluntary resignation of the employee, the decision lies on the company whther they want to releive him in 2 days/ 20/30days. The company has the right to complete the KT & relieve the employee. So I dont think the company needs to pay the employee for relieving him earlier.
What I suggest is just complete his clearance, hand over to him his relieving & exp certificate & ask him to leave ASAP before he creates a scene. As u rightly said Empty Mind is a Devils workshop.
Regards,
Pooja
From India, Pune
Hi Friends,
I don't know what is there in the resignation letter.
But if an employee mentions in his resignation letter that he his "willing to serve his notice period". In that case If company relieves before his notice period the company has to pay the benefits to the employee.
If employee didn't mention the above said quoted words in his resignation letter, then Company is safer.
Regards,
Suresh
From India, Madras
I don't know what is there in the resignation letter.
But if an employee mentions in his resignation letter that he his "willing to serve his notice period". In that case If company relieves before his notice period the company has to pay the benefits to the employee.
If employee didn't mention the above said quoted words in his resignation letter, then Company is safer.
Regards,
Suresh
From India, Madras
Dear All,
I won't be amazed if you would call this act of the organisation unfair, if it would have treated you the same way.
Ethically, the organisation should make a distinction between employees who treat the organisation as use and throw by serving a lesser notice period than the stated in the appoinment letter or the policies of the organisation and from other employees who are willing to comply with the policy of the organisation.
How you feel when an employee shows his unwillingness to serve the notice period, you feel being used, right. The same way the employee may feel if you relieve him before the notice period that s/he is willing to serve, without compensating for that. As per my understanding feedback from ex- employees reflects a lot of the company's culture. Why burn bridges for some petty amount.
Thanks again.
Sunil Joshi
From United States, Bedford
I won't be amazed if you would call this act of the organisation unfair, if it would have treated you the same way.
Ethically, the organisation should make a distinction between employees who treat the organisation as use and throw by serving a lesser notice period than the stated in the appoinment letter or the policies of the organisation and from other employees who are willing to comply with the policy of the organisation.
How you feel when an employee shows his unwillingness to serve the notice period, you feel being used, right. The same way the employee may feel if you relieve him before the notice period that s/he is willing to serve, without compensating for that. As per my understanding feedback from ex- employees reflects a lot of the company's culture. Why burn bridges for some petty amount.
Thanks again.
Sunil Joshi
From United States, Bedford
hi HR folks
good knowledge sharing !!
As per my opinion
i just focus on the resignation letter submitted - if the employee has stated somethin like ' please relieve me on or before .......' if he uses this term on or before - than absolutely company is not liable to pay. The only thing you should not have issued him the resignation acceptance letter stating the date to be relieved.
if you have given him releiving letter with a specific date than the company will have to pay the balance notice days pay
Any coments on this please ?
Sushil
From India, Mumbai
good knowledge sharing !!
As per my opinion
i just focus on the resignation letter submitted - if the employee has stated somethin like ' please relieve me on or before .......' if he uses this term on or before - than absolutely company is not liable to pay. The only thing you should not have issued him the resignation acceptance letter stating the date to be relieved.
if you have given him releiving letter with a specific date than the company will have to pay the balance notice days pay
Any coments on this please ?
Sushil
From India, Mumbai
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