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Resignation dispute - relieve early without 3 months notice period - what is the procedure for that? - CiteHR

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prabha-karan1
One of our employee given resignation letter on 5th November 2018 As per appointment order he have 3 months notice period.
But he is a junior staff only he dint have that much of handing over work so we are willing to relieve early what is the procedure for that?

From India
Shailesh Parikh_HR Pro
300

Dear....
What is the date that your employee has asked him to relieve from your services. If he has mentioned any specific date, you are bound to relieve him on or after the specified date, and if the relieving date has been mentioned and you want to relieve him prior to that you will require to pay him as notice pay (as per terms of appointment).
If the employee has not mentioned any specific relieving date, you can relieve him on date of your choice, by issuing him relieving letter and service certificate with full& final settlement.
Shailesh Parikh
99 98 97 10 65

From India, Mumbai
Dinesh Divekar
7736

Dear friend,
One of your junior employees has given resignation. His notice period is for three months. But then has he asked for the reduction of the notice period? If not, then why you wish to push him out early? While framing the terms of employment you could have been thoughtful of the future scenario.
Now suppose the employee has for reduction in notice period. Then tell the employee to submit the application asking for waiver of the part of the notice period. On receipt of the application, get it approved by the approving authority and then send the reply to the employee tell him that he can do his duties till _____ (date), about handing over charge of his duties, and disbursement of this payment.
The heading of your post include a word "dispute", but the text of the post does not convey any dispute per se. Can you clarify on this?
Thanks,
Dinesh Divekar

From India, Bangalore
umakanthan53
5967

Dear friend,
Though there is a stipulation in the contract of employment/appointment orders about certain notice period before resignation, it is the management's discretion to insist on it or waive it whether or not there is a request from the employee. Therefore, you can accept the resignation forthwith and relieve the employee if no date is mentioned by him and if a date is mentioned, exactly on the effective date mentioned by him.

From India, Salem
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