One of our employees resigned on August 1 st giving one month notice. However, we accepted it with immediate effect. Are we liable to pay him salary till 30 th August as he wanted to work, but we didn\'t allow him to
From India, Thane
1From India, Thane
Dear Samita,
If an employee has served his 1 month notice period and the has been approved by the HR, then the salary has to be stopped. His 1 month notice period's salary will be given to him at the time of Full and Final Settlement.
In case if an employee has to serve 2 months notice period, then in this case his / her 1 month's salary is processed and salary for second month is given in the full and final settlement.
From India, Mumbai
If an employee has served his 1 month notice period and the has been approved by the HR, then the salary has to be stopped. His 1 month notice period's salary will be given to him at the time of Full and Final Settlement.
In case if an employee has to serve 2 months notice period, then in this case his / her 1 month's salary is processed and salary for second month is given in the full and final settlement.
From India, Mumbai
Sirkumar sir have posted rightly but there is one way for you ,whether he has mentioned his intention to work for complete notice period in his resignation letter.If not then you may need not.
Mangesh Wakodkar
Aurangabad
From India, Pune
Mangesh Wakodkar
Aurangabad
From India, Pune
Dear samitha
one employee submit his resign letter upto complete his notice period it must he continue his work , then only he/her eligible for his notice period salary in month end itself ...
in some cause most of employees are left before completing his notice period in this cause only eligible for full & final settlement.....
Regards
shankar
From India, Bangalore
one employee submit his resign letter upto complete his notice period it must he continue his work , then only he/her eligible for his notice period salary in month end itself ...
in some cause most of employees are left before completing his notice period in this cause only eligible for full & final settlement.....
Regards
shankar
From India, Bangalore
If the employee resigned and requested for immediate relief then probably he is stopped from work on 1st Aug itself. No work, no pay. But without relieving him, if he is working, till the last day he is entitled for pay ie. on expiry of one month or even beyond.
kumar.s.
From India, Bangalore
kumar.s.
From India, Bangalore
Dear, If your employee wants to work for complete notice period but you don’t want the same then you have to pay him one month salary or the period in advance. Rajbir
From India, Coimbatore
From India, Coimbatore
Actually, from the legal perspective, the employee must be paid full salary for notice period he is willing to serve, unless provided otherwise by the appointment letter (many appointment letters are very well crafted giving the company right to relieve him immediately).
So it you need to have a look at your appointment letter for that.
However, from a humanity point of view, and considering future relationship (you do not know if he will join your client, for example) it makes sense not to save part of his salary. Its a call you need to make on that part also
From India, Mumbai
So it you need to have a look at your appointment letter for that.
However, from a humanity point of view, and considering future relationship (you do not know if he will join your client, for example) it makes sense not to save part of his salary. Its a call you need to make on that part also
From India, Mumbai
Releasing an employee before the date specified in his letter of resignation will be treated as termination of contract for which he should be entitled to notice-pay.
From India, Delhi
From India, Delhi
in this situation if the employee is in warning period already...........n if he gives resign n ready to surve notice period.........but he was taking leaves during his notice period,so company took decision to relive him from the work before the notice period. Now weather the company have to give him the payment including notice period or it should be till the last working day of the employee?????
Regards,
SeemaK
From India, Mumbai
Regards,
SeemaK
From India, Mumbai
A lot of companies try to save money by accepting the resignation letter with immediate effect! But this is not a correct thing to do - both legally and professionally.
If the employee has given a notice as per the required terms of the appointment letter, then he must be allowed to complete his notice period. If the company accepts the resignation with immediate effect, it means that the company has terminated him before his contract was over and hence must pay him in lieu of the notice period that the company was required to give. So either way, the company has to pay the employee for the notice period.
From India, Delhi
If the employee has given a notice as per the required terms of the appointment letter, then he must be allowed to complete his notice period. If the company accepts the resignation with immediate effect, it means that the company has terminated him before his contract was over and hence must pay him in lieu of the notice period that the company was required to give. So either way, the company has to pay the employee for the notice period.
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Notice period.jpg
Notice Period Extension Letter Format.doc