Notice period compensation
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
If empoyees gives a notice period of 30 days as per norms of the companay & company relieve the employee after 20 days so whehter company will give pay for balance 10 days as compensation or not . If yes so kinldy give reference of cases held with judgements.
R.Ramachandran
(Expert) 15 September 2011
The Company need not pay you for 10 days, since it would be deemed that the company has waived the 10 days notice period.
Querist :
Anonymous
(Querist) 15 September 2011
. HE NOTICE PERIOD CLAUSE IN OUR APPOINTMENT LEITER MENTIONS THAT THE TIME PERIOD OF THREE MONTHS FROM BOTH SIDES IN CASE OF A RESIGNATION.ONE OF OUR SALES EXECUTIVE SUBMITTED HIS RESIGNATION 3 WEEKS BACK AND HIS SUPERVISOR DECIDED NOT TO ALLOT HIM ANY NEW RESPONSIBILITIES WHILE HE WAS SERVING HIS NOTICE PERIOD. THE EMPLOYEE WANTS TO SERVE THE FULL NOTICE PERIOD OF THREE MONTHS. HIS MANAGER WANTS TO RELIEVE HIM ON COMPLETION OF ONE MONTH NOTICE. THE EMPLOYEE HAS INDICATED THAT IF WE ASK HIM TO LEAVE EARLIER, HE SHOULD BE GIVEN NOTICE PAY N LIEU OF THE REMAINING TWO MONTHS NOTICE PERIOD.WHAT IS THE LEGAL SITUATION IN THIS RESPECT, IF WE WANT TO RELIEVE HIM EARLIER?
••• (SHAILENDRA KISHORE)
A. Kindly note that the Courts have held that where terms of appointment stipulate a notice
period, an employee who has resigned cannot be forced to leave immediately, and has the right to revoke his resignation during the notice period. The company could consider
issuing a letter to the employee informing him that the company is willing to waive the notice period and, therefore, he has the option to leave the services with immediate effect. However, in such a case, the employee would be required to be given the salary for the remaining notice period. The consent of the employee would be required for this course
of action. The employee should be required to sign the aforesaid letter as a token of his willingness to leave the services immediately. The company should take a receipt from the employee for the payment received by him which should indicate that all amounts
due and payable to him by the company have been paid
Guest
(Expert) 15 September 2011
Fulfillment of the conditions of the apointment rests with the party which serves the notice. So, the company can relieve any time during the notice period, as and feasible.
About any judgment, that is applicable to the particular case and does not have universal application on all the cases, unless specifically ordered in the judgment, itself, or is made applicable on some other case after the competent court approves that to be made applicable on that specific case depending upon the similarity of the circumstances, or any amendment is made in the specific law by the Ministry of Law, as every case has its own peculiarity and circumstances under which case crops up.
