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tiku_bpd
1

Dear Friends
As per our HR policy one month’s notice or one month’s salary is necessary for resignation or withdrawal.As per the policy one of our employee has been given one month notice for withdrawal.Now he is demanding not to attend the office and also claiming extra one month's salary.He has been served in our company about 4 years.Due to present crisis in our company,the management has decided to take such type of steps.Kindly suggest.
Regards
Amarjit

From India, Calcutta
sgondchar
13

Hi,
As he is in notice period then he has to serve the notice period which is one month and company is going to pay that month salary along with his F & F.
So he has to attend the office regularly in his notice period and cannot demand extra one month salary though he has completed 4 year.

From India, Pune
sajinaarun
An employee can not take leave during notice period. if an employee is on leave during notice period then it will be counted as loss of pay.
From India, Kochi
Bhavikgajjar111
21

My dear friend Amarjit, Have your company mentioned the notice period clause in his appointment letter ?
From India, Gandhinagar
vikasranjan07@rediffmail.com
2

Dear Amarjit,
The employee who is going to quit the company and serving notice period is liable to get full months salary for such month. It is important that the employee who is in notice period shall not have to take his leave, except emergency leave(EL). The balance emergency leave is to be utilse to work less days as have his/her emergency leave(EL).
If employee requesting to wave off his/her notice period, then on the mercy (Wishes) of employer he/she might not to serve the notice period, and simply quit the company.This is only possible on the good wishes of employer.
Thanks & Best Regards:
VIKAS

From India, Hyderabad
tajsateesh
1637

Hello Amarjit,
Pl elaborate on the 'definition' of 'withdrawal' in your HR policies.
A lot w.r.t. the options OPEN TO YOU depends on this. Prima-facie, what you mentioned looks like the employee has been 'retrenched/laid-off' & it doesn't look like a 'resignation'--both are different.
Also, like Bhavik Gajjar mentioned, pl confirm what has been mentioned in the Appointment Letter. The options OPEN TO THE EMPLOYEE depends on this factor--so in a way, your hands could be tied based on this aspect.
Rgds,
TS

From India, Hyderabad
rajendrashekade
what action can employee take against management if he did not get conformation letter after completing probation period of six month...
From India, Visakhapatnam
srinithy
What if an employer has 45 days leave to his credit and intends to leave the job. Can he use that 45 days as part of one months notice period since he has got 45 days legally for having worked in the organisation.
Also let me know the reason for keeping a limit on the leave we can accumulate. Recently my company deducted my excess leave saying i can't accumulate leave more than 45 days and hence deducted the excess leave during the year ending saying i had not claimed for leave encashment on time. Is it not the companies duty to reward an employee for having taken lesser leave?
Thanks and regards
Srini

From India, Mumbai
srinithy
What if an employer has 45 days leave to his credit and intends to leave the job. Can he use that 45 days as part of one months notice period since he has got 45 days legally for having worked in the organisation.
Also let me know the reason for keeping a limit on the leave we can accumulate. Recently my company deducted my excess leave saying i can't accumulate leave more than 45 days and hence deducted the excess leave during the year ending saying i had not claimed for leave encashment on time. Is it not the companies duty to reward an employee for having taken lesser leave?
Thanks and regards
Srini

From India, Mumbai
shish
7

Only Mr.Tajsateesh understand the matter, that the company has forced employee to resign from the job in that case the company have to one Salary or compensation as per I.D. Act. He is entitle for Compensation,gratuity etc.
shish uniyal

From India, New Delhi
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