As per the HR policies of your company, probably they might have relieved you immediately without asking you to serve complete notice period. There are companies which follows the exit policy like this " if management considers appropriate that in the interest of the company, an employee need not be given opportunity to serve the full notice period".
Also at times when you confront and insist for salary for the unserved notice period, they might send you on outstation duty for most of the notice period. This would serve no purpose of yours.
From India, Bangalore
Also at times when you confront and insist for salary for the unserved notice period, they might send you on outstation duty for most of the notice period. This would serve no purpose of yours.
From India, Bangalore
Agree with Point # 1.
Disagree with Point # 2.
Most of the time, it is the responsibility of the Management to get work out from someone whom it has hired. Labelling them later as 'deadwood' is shying away from responsibility. And if at all the Management wants to get rid of such non-performers, it must have the courage to tell it on face, rather than keep waiting for them to resign and then relieve them immediately, denying them their dues for the notice period that they wanted to serve.
Notice period is a mutual condition of employment, which need to be adhered by both parties.
Hope I make sense.
PD
From India, Delhi
25Disagree with Point # 2.
Most of the time, it is the responsibility of the Management to get work out from someone whom it has hired. Labelling them later as 'deadwood' is shying away from responsibility. And if at all the Management wants to get rid of such non-performers, it must have the courage to tell it on face, rather than keep waiting for them to resign and then relieve them immediately, denying them their dues for the notice period that they wanted to serve.
Notice period is a mutual condition of employment, which need to be adhered by both parties.
Hope I make sense.
PD
From India, Delhi
Dear Varsha
I'll give 1 site ...go through it...its good..
It’s good…& value added
www.asklaila.com
u can search consultant city wise & area wise. this not only for consultant but aslo anything u can search in metro city...
From India, Mumbai
I'll give 1 site ...go through it...its good..
It’s good…& value added
www.asklaila.com
u can search consultant city wise & area wise. this not only for consultant but aslo anything u can search in metro city...
From India, Mumbai
Dear Varsha,
I will give u 1 site......go through it...
It’s good…& value added
asklaila - India's local information service.
u can search consultant city wise & area wise. this is not only for consultant but also anything u can search................
Regards,
Yogs
From India, Mumbai
I will give u 1 site......go through it...
It’s good…& value added
asklaila - India's local information service.
u can search consultant city wise & area wise. this is not only for consultant but also anything u can search................
Regards,
Yogs
From India, Mumbai
As per the terms of appointment if employee resigns he is required to give a months notice to employer. In this case employer did not insist on notice period and relieved employee. Where is a question of employer giving employee a notice pay?
In case employer terminates the services of employee and gives him a months notice, but employee wants to get relieved immediately. By your logic employee will have to pay notice pay to employer for early relieving. Is this what you mean when you say "Notice period is a mutual condition of employment, which need to be adhered by both parties."
Thanks & Regards
From India, Pune
In case employer terminates the services of employee and gives him a months notice, but employee wants to get relieved immediately. By your logic employee will have to pay notice pay to employer for early relieving. Is this what you mean when you say "Notice period is a mutual condition of employment, which need to be adhered by both parties."
Thanks & Regards
From India, Pune
Hi
Salary deduction in the circumstances as described by you is not justified.
If you like , you may serve them a legal notice through your counsel. Decide for yourself whether you would like to take all this hassle and extra expenses.
Best
Jai
From India
Salary deduction in the circumstances as described by you is not justified.
If you like , you may serve them a legal notice through your counsel. Decide for yourself whether you would like to take all this hassle and extra expenses.
Best
Jai
From India
Hi
Pl. understand normally any company would follow
1. In case of resignation , to waive the notice period is management's right because in many of the occasions a resigned employee proved to be nuisance as he / she is sure of leaving the company ...so makes too many comments which would be demotivating to other employees.
2. If they decide to send an employee out , then only Company will give the notice or payment , in lieu.
So in your case if they have deducted for the balance days in your notice period from your salary ,it is wrong . But if they have not paid for the balance days in your notice period , it is ok.
Vengatesan
Pl. understand normally any company would follow
1. In case of resignation , to waive the notice period is management's right because in many of the occasions a resigned employee proved to be nuisance as he / she is sure of leaving the company ...so makes too many comments which would be demotivating to other employees.
2. If they decide to send an employee out , then only Company will give the notice or payment , in lieu.
So in your case if they have deducted for the balance days in your notice period from your salary ,it is wrong . But if they have not paid for the balance days in your notice period , it is ok.
Vengatesan
My dear vkokamthankar
Your logic is wrong and you KNOW it.
Let me quote you and explain. Your remarks are in blue italics.
I shall take your Second Para first :
You say - "In case employer terminates the services of employee and gives him a months notice, but employee wants to get relieved immediately. By your logic employee will have to pay notice pay to employer for early relieving. "
In MY Humble Opinion : Yes, perfectly right. To repeat : In case employer terminates the services of employee then employer gives one months notice pay. (one month or two or three; depending on the T & C).
Similarily, if the employee wants to get relieved immediately he will have to pay notice pay to employer. (or rather LOSES the notice pay in his Full & Final Settlement).
Now, let us consider your First Para; where you have been CONSISTENTLY WRONG in both your posts :
You say - "As per the terms of appointment if employee resigns he is required to give a months notice to employer. In this case employer did not insist on notice period and relieved employee. Where is a question of employer giving employee a notice pay?"
In MY Humble Opinion : THIS IS THE INTERESTING PART. There can be two situations:
I hope I have made myself clear. JUST BECAUSE AN EMPLOYEE SUBMITS RESIGNATION LETTER; IT DOES NOT ENTITLE YOU TO RELIEVE/DISMISS HIM SUMMARILY AND IMMEDIATELY.
I am sure you subscribe to the Principles of Natural Justice and Business Ethics, apart from other applicable laws of the land.
I have great expectations from you, as a torch-bearer of HR profession, since you have 15 years of experience and work in an educational institution. I shall be expecting more thoughtful, insightful, illuminating posts from you in future.
Regards.
From India, Delhi
Your logic is wrong and you KNOW it.
Let me quote you and explain. Your remarks are in blue italics.
I shall take your Second Para first :
You say - "In case employer terminates the services of employee and gives him a months notice, but employee wants to get relieved immediately. By your logic employee will have to pay notice pay to employer for early relieving. "
In MY Humble Opinion : Yes, perfectly right. To repeat : In case employer terminates the services of employee then employer gives one months notice pay. (one month or two or three; depending on the T & C).
Similarily, if the employee wants to get relieved immediately he will have to pay notice pay to employer. (or rather LOSES the notice pay in his Full & Final Settlement).
Now, let us consider your First Para; where you have been CONSISTENTLY WRONG in both your posts :
You say - "As per the terms of appointment if employee resigns he is required to give a months notice to employer. In this case employer did not insist on notice period and relieved employee. Where is a question of employer giving employee a notice pay?"
In MY Humble Opinion : THIS IS THE INTERESTING PART. There can be two situations:
- SITUATION 1 : Employee resigns giving one month's notice BUT REQUESTS TO BE RELIEVED EARLIER (WAIVING THE NOTICE PERIOD).
- Here, the employer CAN relieve him IMMEDIATELY or ASAP, without giving any notice pay; (because it is as per the request of the employee)
- SITUATION 2 : Herein lies the rub. When an employee resigns giving one month's notice, say, for example he wants to be relieved on 30th of August, it means he has complied with your requirement as he DESIRES to continue for one month AS PER THE TERMS AND CONDITIONS.
- Now, as an Employer, if you are ANNOYED, then you can relieve him immediately. But in this case, since YOU ARE relieving him of your own accord, volition, desire, wish etc. therefore, YOU ARE REQUIRED TO PAY HIM NOTICE PAY.
I hope I have made myself clear. JUST BECAUSE AN EMPLOYEE SUBMITS RESIGNATION LETTER; IT DOES NOT ENTITLE YOU TO RELIEVE/DISMISS HIM SUMMARILY AND IMMEDIATELY.
I am sure you subscribe to the Principles of Natural Justice and Business Ethics, apart from other applicable laws of the land.
I have great expectations from you, as a torch-bearer of HR profession, since you have 15 years of experience and work in an educational institution. I shall be expecting more thoughtful, insightful, illuminating posts from you in future.
Regards.
From India, Delhi
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Notice period.jpg
Notice Period Extension Letter Format.doc