Confirm Employee But Company Wants Left Today - DOC Download - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Kamalkantps
Advocate
Richa_ferns
Asst. Manager - Hr
+3 Others

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Dear Sir,
This is to inform you that I am confirm employee of SIS India Ltd.
I send resignation dated 29.12.2012 for one month notice period and the company accept resignation dated 01.1.2013 and told that you move now.
Please suggest me.
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Dear Mr. AMITKUMARRAI1187,
What exactly is the issue -- you haven't cited here. Breif your situation for a better retort from our forum seniors.
In contrast to the above mentioned what I understood is -- you're perplexed about the employer relieving you from services as soon as you resigned. If there is no any reason behind the scene then the unpretentious worth is the employer needs to pay your one month notice as it was their discretion to you of not requiring your services for a month. You may also talk to your HR department for your full & final setllement at the earliest.
The company is normally free to accept your resignation and relieve you with immediate effect. Normally the appointment letter or other terms of employment will provicpde for it.
In such a case they don't need to pay you for the balance period.
You can join your next company immediately
dear amrit kumari
the employer has a right to relieve you without waiting 30 days . he will be in his rights to appoint a new person in the interest of service. even though u are a confirmed employee , since you have resigned he can relieve you .
THERE IS SOMETHING GOD HAS KEPT IN THIS . ENJOY IT AND NOT CONTEST IT.
blessings'
dr ram
Only to add in the above all responses is that, once an employee resigns from the job his loyalty to that job expires so the employer has the discretion to relieve you either immediately on receipt of the resignation or till the notice period. Here we cannot compel the employer to relieve the employee after the notice period.
Hope that you must have understood.
Dear Amit kumar,
Please go through your appointment letter.There should be clause of seperation/relieving procedure.If the clause says that one month notice period and liew of that period one month salary the organization liable to pay .This agreement is mutual agreement and binding by either parties.Hence you are requested to approach your HR department quoting the appointment letter and the procedure.
Raju,
HRD.
My two cents advise will be for you to go back and look at your appointment letter. As far as termination and / exit from company is concerned, majority of employees do include saying that the it is the company's discretion to waive off your notice period without pay and relieve you immediately.
I don't see a conflict here, except that it seems it has taken you by surprise. The company is well within its rights to relieve you immediately on acceptance of your resignation, which I believe was accepted after almost 20 days of your resigning. Technically speaking they are releiving you 10 days ahead of your completion of notice peiriod. This decision could also have been risen after observing your contribution post the resignation.
An employee who has submitted notice if asked to leave immediately will deem to mean that the contract of employment is terminated at the interest of employer and therefore, the employer is liable to pay the remaining days salary to the employee. We should also note that an employee has the right to withdraw his resignation before it becomes effective. Therefore, if the employer wants that the resigned employee shall be relieved immediately he can do so but by paying the salary for the notice period.
Regards,
Madhu.T.K
The termination clause is normally reciprocative of the rights and obligations of the parties to the contarct of servcie. It means when an employee gives one month notice of resignation, the employer cannot relieve him of servcie immediately by accepting the resigantion in as much as the when the employer gives one month notice of termination, the employee can relieve himself of the servcie immediately without waiting to serve one month.The employer can accept employee's resignation immediately on reciept but it comes into effect on the expiry of the notice period only.By incorporating term of one mont h notice, both the parties concede to keep the contract in force during the notice period. Thus by giving one month notice, the emlployee intends to termiante the contract on the expiry of one month only, reserving his right to withdraw the resignation during the notice period. The employer by accepting his resignation and relieving him immediately, he in fact, termiated the contract of servcie and thus is liable to pay wages for the balance of the notice period. Mr.Madhu is right inproprely explaining the position.

B.Saikumar

Mumbai
dear all
Madhu T K 's contention does not appear to hold water.
employment is no contract . employer requires one month notice to arrange for alternative. if he can handle the replacement quickly or can manage with out a hand he has no obligation to keep someone sitting idle and pay or pay any compensation for the date of relief to the completion of 30 days.
contract or breach of contract has different meanings not applicable for an employer and employee. Employer has a right to make his own terms and conditions as long as he adheres to statutory provisions
blessings
dr ram
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