HI
Since the employee knew about the one month notice period, he should have confirmed about his salary at the time he got permission.
Believe the Accounts department would have got the info that the notice period is only half served and since the pay cut.
Rgds
From India, Mumbai
3Since the employee knew about the one month notice period, he should have confirmed about his salary at the time he got permission.
Believe the Accounts department would have got the info that the notice period is only half served and since the pay cut.
Rgds
From India, Mumbai
A mere acceptance of resignation does not guarantee waiver of notice period. The appointment terms being clear and conditional, that is what would be binding. For waiver of notice period, the employee needs to get the clear approval from the Company.
Rgds. Venkat
From India, Mumbai
Rgds. Venkat
From India, Mumbai
Hi Swastik,
Yes , company can deduct the notice period amount from final settlement. Usually it is clearly mentioned in the appointment letter. Acceptance of resignation doesnot mean you can leave anytime, while accepting the resignation notice period is also discussed with employee and the relieving date is mutually agreed.
Also, yes if company wants they can waive off the notice period deduction.
Thanks
R Sandhu
From India, Delhi
Yes , company can deduct the notice period amount from final settlement. Usually it is clearly mentioned in the appointment letter. Acceptance of resignation doesnot mean you can leave anytime, while accepting the resignation notice period is also discussed with employee and the relieving date is mutually agreed.
Also, yes if company wants they can waive off the notice period deduction.
Thanks
R Sandhu
From India, Delhi
Dear All,
These are my views -
1. First of all an employee should know how to write a resignation letter. He should not feel as if he is going to some heaven escaping from the hell, while resigning. Such attitude will have impact on how he handles his personal departure and the organization will also react accordingly. Employees while resigning usually write 'I may please be relieved at the earliest' and enjoy at the heart of heart writing so - obviously because they are, under normal circumstances - go for a better job and are happy to get rid of their current organization - mainly the boss - towards which/whom they have accumulated some amount of bitterness. There is no need to mention ' at the earliest', if the employee does not really know the meaning of these words written in his resignation, which has reference to the employment contract.
2. The resigning employee before giving his resignation in writing must always seek for personal meeting with his immediate superior to formally inform about his decision to quit. He should not give publicity for his departure plan amongst his peers and make his boss the last person to come to know of his resignation. He should first inform the boss and then inform others. While talking to the boss, he should discuss the notice period and write his resignation accordingly. And, no loose talks after or at the time of resigning with any one. If the resigning employee does not follow all these, then he will face the problem what Swastik has brought out for this discussion. There is no point in discussing what is legal or illegal, if the employee is not gracefully resigning showing the best of his courtesy to his boss and the organization that has shaped his career in a way.
3.The organization - let it be any department that is making the full and final settlement - should not be so ritual that it forgets the minium organizational courtesy it should extend to any employee - whether on rolls or departing. A person leaving as provided in the employment contract should not be viewed as disloyal. Sometimes some departments are vindictive towards employees leaving and enjoy stripping them to the extent possible by refusing to them some leave encashment due, refusing medical reimbursement during the notice period when he/she is still serving etc.etc.
4.Sometimes the HR Manager or Accounts Manager wants to show to the management their professional brilliance by making all possible and half-possible deductions from the employee leaving by taking refuge under law for doing the bad rather than the good. You are no more with us and so we need not care for you' is their attitude. 'We will count every penny that we pay you or don't pay you as you have terminated the relationship with us. We are smarter than you' is how they think sometimes.May be, it is the top management which insists for such attitude from their HR or Accounts Managers, and these people simply reflect what is expected of them. But, many times it is their own creation, though the top management does not expect such attitude or approach.
5. So, the fault generally is on both sides. We need to know really what happened in the process of resignation, before taking sides.
Regards,
Govardhan
From India, Madras
These are my views -
1. First of all an employee should know how to write a resignation letter. He should not feel as if he is going to some heaven escaping from the hell, while resigning. Such attitude will have impact on how he handles his personal departure and the organization will also react accordingly. Employees while resigning usually write 'I may please be relieved at the earliest' and enjoy at the heart of heart writing so - obviously because they are, under normal circumstances - go for a better job and are happy to get rid of their current organization - mainly the boss - towards which/whom they have accumulated some amount of bitterness. There is no need to mention ' at the earliest', if the employee does not really know the meaning of these words written in his resignation, which has reference to the employment contract.
2. The resigning employee before giving his resignation in writing must always seek for personal meeting with his immediate superior to formally inform about his decision to quit. He should not give publicity for his departure plan amongst his peers and make his boss the last person to come to know of his resignation. He should first inform the boss and then inform others. While talking to the boss, he should discuss the notice period and write his resignation accordingly. And, no loose talks after or at the time of resigning with any one. If the resigning employee does not follow all these, then he will face the problem what Swastik has brought out for this discussion. There is no point in discussing what is legal or illegal, if the employee is not gracefully resigning showing the best of his courtesy to his boss and the organization that has shaped his career in a way.
3.The organization - let it be any department that is making the full and final settlement - should not be so ritual that it forgets the minium organizational courtesy it should extend to any employee - whether on rolls or departing. A person leaving as provided in the employment contract should not be viewed as disloyal. Sometimes some departments are vindictive towards employees leaving and enjoy stripping them to the extent possible by refusing to them some leave encashment due, refusing medical reimbursement during the notice period when he/she is still serving etc.etc.
4.Sometimes the HR Manager or Accounts Manager wants to show to the management their professional brilliance by making all possible and half-possible deductions from the employee leaving by taking refuge under law for doing the bad rather than the good. You are no more with us and so we need not care for you' is their attitude. 'We will count every penny that we pay you or don't pay you as you have terminated the relationship with us. We are smarter than you' is how they think sometimes.May be, it is the top management which insists for such attitude from their HR or Accounts Managers, and these people simply reflect what is expected of them. But, many times it is their own creation, though the top management does not expect such attitude or approach.
5. So, the fault generally is on both sides. We need to know really what happened in the process of resignation, before taking sides.
Regards,
Govardhan
From India, Madras
Hi Swastik,
The situation at your organisation is similar to my experience in the previous company.
I was willing to serve the notice period of 01 month but since my seniors had gone abroad, there was not much of handing - taking to be done. I intereacted with my seniors through email & was relieved well before time.
In that case, if the company relieves the employee well before the notice period mentioned in the Standing Orders or the Company Policy, it is the Company's look out. In general cases, the Company should not and does not deducts the salary in lieu of notice period due.
The Company can adjust his salary against the leave balance but as a matter of fact for employee welfare it cannot deduct the amount for not serving the notice period if the company is relieving the employee. You need to check with the provisions of the company policy.
From India, Pune
The situation at your organisation is similar to my experience in the previous company.
I was willing to serve the notice period of 01 month but since my seniors had gone abroad, there was not much of handing - taking to be done. I intereacted with my seniors through email & was relieved well before time.
In that case, if the company relieves the employee well before the notice period mentioned in the Standing Orders or the Company Policy, it is the Company's look out. In general cases, the Company should not and does not deducts the salary in lieu of notice period due.
The Company can adjust his salary against the leave balance but as a matter of fact for employee welfare it cannot deduct the amount for not serving the notice period if the company is relieving the employee. You need to check with the provisions of the company policy.
From India, Pune
HI
ACCORDING TO YOU EMPLOYER ACCEPT THAT PERSON RELIEVED WITH IN 15 DAYS OF HIS RESIGNATION. THAT MEANS HE WILL HAVE TO SERVE THE COMPANY FOR 15 DAYS ONLY NOT FOR ONE MONTH. IF HE DON'T SERVE THE COMPANY FOR 15 DAYS THEN A/C DEPT. HAS RIGHT TO DEDUCT FOR THE SAME OTHERWISE NOT.
ACC. TO STANDING ORDER THEY CAN DEDUCT IF CO. AUTHORITY DON'T ACCEPT HIS RELIEVING EARLIER.
THANKS
From India, Delhi
ACCORDING TO YOU EMPLOYER ACCEPT THAT PERSON RELIEVED WITH IN 15 DAYS OF HIS RESIGNATION. THAT MEANS HE WILL HAVE TO SERVE THE COMPANY FOR 15 DAYS ONLY NOT FOR ONE MONTH. IF HE DON'T SERVE THE COMPANY FOR 15 DAYS THEN A/C DEPT. HAS RIGHT TO DEDUCT FOR THE SAME OTHERWISE NOT.
ACC. TO STANDING ORDER THEY CAN DEDUCT IF CO. AUTHORITY DON'T ACCEPT HIS RELIEVING EARLIER.
THANKS
From India, Delhi
Hi,
I think Govardhan has summed up the entire discussion in a very beautifully balanced manner. If at any time in the future I have to resign from somewhere, or relieve some other employee, then this discussion and Govardhan's post will be what I will remember. Thx Govardhan and everybody else.
This shows the learning potential available at citeHR.
Regards,
Devjit
From India, Gurgaon
I think Govardhan has summed up the entire discussion in a very beautifully balanced manner. If at any time in the future I have to resign from somewhere, or relieve some other employee, then this discussion and Govardhan's post will be what I will remember. Thx Govardhan and everybody else.
This shows the learning potential available at citeHR.
Regards,
Devjit
From India, Gurgaon
Dear Swastik,
The notice period as per policy should be deducted unless special discretion is used to waive it off.
In this case however, I feel the employee should have been informed that the company is releasing him because of his request, however the notice period recoverable will happen, either in terms of leave adjusted or salary deductions as per the company policy.
Rgds,
APD
The notice period as per policy should be deducted unless special discretion is used to waive it off.
In this case however, I feel the employee should have been informed that the company is releasing him because of his request, however the notice period recoverable will happen, either in terms of leave adjusted or salary deductions as per the company policy.
Rgds,
APD
Hi,
The idea behind having the notice periods is to ensure a sufficient time period for the employee to complete a handover and also to ensure that the work he was handling is delegated in a proper manner.
Since the functional head has decided to relieve him, I am presuming that there is not much of serious handover left.
If the company does not suffer from the person leaving without completing the notice period and as it is in this case, it does not make sense penalizing the employee.
Just my way of looking at it; open to debate.
Regards,
Aljo
From India, Mumbai
The idea behind having the notice periods is to ensure a sufficient time period for the employee to complete a handover and also to ensure that the work he was handling is delegated in a proper manner.
Since the functional head has decided to relieve him, I am presuming that there is not much of serious handover left.
If the company does not suffer from the person leaving without completing the notice period and as it is in this case, it does not make sense penalizing the employee.
Just my way of looking at it; open to debate.
Regards,
Aljo
From India, Mumbai
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