Br. Ramanan's view is genuine but laws are made to benefit employees and that is why the courts have come with verdicts allowing an employee to withdraw it before it becomes effective. It is right that notice period is the period during which the employer can get enough time find an alternative and make knowledge transfer. At the same time, if the employer finds that the resigned employee is just coming to the office and spending time in chatting, naturally he can ask him to leave earlier. But at the same time, if we think from the other side that the employer has asked an employee to leave by giving him a notice period of one month and if the employee says that he is okay if he is relieved immediately, then in that case it will be the employee who is terminating the contract and paying the notice pay to the employer.
The attached is a verdict in Shambumurari Sinha Vs Project & Development India Ltd. Though the matter discussed is all about withdrawal of VRS option, the following sentences may be highlighted for the present discussion.
"it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date."
Regards,
Madhu.T.K
From India, Kannur
4193The attached is a verdict in Shambumurari Sinha Vs Project & Development India Ltd. Though the matter discussed is all about withdrawal of VRS option, the following sentences may be highlighted for the present discussion.
"it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date."
Regards,
Madhu.T.K
From India, Kannur
Dear Mr. RAMANAN,
What Mr. Madhu TK has stated is perfectly true. Being a Lawyer in the same discipline i can affirm that every employment is a contract. I have seen many instances wherein the employer relieved the employee without paying for notice period and the employee sought the notice period payment as relief and the courts granted it. Even if you make any employee to accept any unreasonable term in the appointment letter or in the employment contract it would not hold any good in the Court of Law. Mr. Madhu TK is again right in saying the Labour Legislation is a beneficial legislation which gives power to the courts to interpret the situation in such a way that it may not curtail any right of any such employee.
I would request the poster of this thread to contact the Local Labour Commissioner and he will surely get the relief he seek for.
From India, New Delhi
What Mr. Madhu TK has stated is perfectly true. Being a Lawyer in the same discipline i can affirm that every employment is a contract. I have seen many instances wherein the employer relieved the employee without paying for notice period and the employee sought the notice period payment as relief and the courts granted it. Even if you make any employee to accept any unreasonable term in the appointment letter or in the employment contract it would not hold any good in the Court of Law. Mr. Madhu TK is again right in saying the Labour Legislation is a beneficial legislation which gives power to the courts to interpret the situation in such a way that it may not curtail any right of any such employee.
I would request the poster of this thread to contact the Local Labour Commissioner and he will surely get the relief he seek for.
From India, New Delhi
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