No Tags Found!

VeronicaVershache
2

Hi All,
Looking for some changes in the notice period for the employees.In case of resignation from the employee -we have the clause "that either he serves us for 3 months or his gross salary to be given to company".
My point is can we keep the gross salary for the 2 month with the company and when he leaves the company on the day will release them with it.
Can any one suggest will it be feasible to do so.
thanks
Veronica

From India, Lucknow
kamesh333
186

You can not hold the salary of the employee but you can keep some amount as deposit from the employee at the time of joining subject to acceptable to both the parties.
As per the company policy if the employee resigns
a) he should be allowed to work for the notice period
b) you should wave off the notice period and relieve him immediately
but you can not reduce the amount equivalent to two month's / notice period salary and relieve him immediately.
Regards - kamesh

From India, Hyderabad
VeronicaVershache
2

Hi ,
Like my point was that as the employee agrees to work for 3 months so is it possible for the employee to hold off the funds or salary for 2 month and release the same funds at the relieving of th eemployee
Thanks

From India, Lucknow
samvedan
315

Hello,

I have not understood as to why you wish to keep two month's salary with you only to be released when you relieve the employee!

If your concern is that the leaving employee may not have enough funds or may not be inclined to pay up the salary in lieu of the notice period, then under terms & conditions of employment you may ask for certain amount as security deposit (with or without interest) and appropriate the same according to the conditions prevailing at the time of employee separation. You may even recover specific amount (by explicit agreement with the employee) from the salary till requisite amount is accumulated (again to be treated suitably at employee separation). This you will do only to protect the employer's interest. A transparent method to ensure this can be LEGALLY permissible though some may fault it on morale grounds.

Remember, organizations are "economic" organizations and misplaced sympathy or charity is not obligatory. But to each his own.

Tell me if have a solution to your problem in this mail!

Regards

samvedan

December 26, 2011


---------------------

From India, Pune
saiseven
54

Sub- Notice period

Mr.kamesh rightly said that the salary cannot be withheld by the employer. The reason is more legal. Salary is not a bounty to be given to the employee at the mercy of the employer nor employment is a voluntary service. Employment is a contract between the employer and the employee under the Contract Act 1872. A contract as per Sec.2(h) of the said Act, in order to be valid and enforceable, should have three main ingredients.There should be an offer by one party and it should be accepted by the other party and there should be consideration for such acceptance.

In the case of contarct of employment, the employee accepts the offer of the employer to work for him under certain terms in consideartion of the employer paying him salary or wages. Such contract of employment is enforceable under law.If you withhold his salary for two months in lieu of the notice period, it implies that you require him to work freely for the employer for two months without any consideartion which may offend the very basis of the contarct and may vitiate the validity of the contract.

Furher, one can not loose sight of the existence of certain labour Acts like the Payment of Wages Act 1936 though with selective application, they nevertheless prohibit an employer from withholding wages of an employee for any reason that is not permissible under law and the wages Act even renders any agreement to enable an employer to deduct or witthold wages on any ground that was not authorised under it, as null and void.This ground under discussion is not certainly an authorised ground for deduction.

Therefore the proposal is fraught with leagl implications.

B.Saikumar

HR & labour Law Consultant

Chipinbiz Consultancy Pvt.ltd

Mumbai

022-28324234

From India, Mumbai
kraviravi.kravi@gmail.com
113

this withholding salary occurs in case of government jobs , once you resign you get your pay only after three months after you complete relieviing and no dues if any recovered from your salary and balance you will get .
From India, Madras
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.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.