Dear Sir,
This is to inform you that I am a confirmed employee of SIS India Ltd. I sent my resignation dated 29.12.2012, with a one-month notice period, and the company accepted the resignation dated 01.01.2013 and instructed me to move now.
Please suggest me.
Thank you.
From India, Noida
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This is to inform you that I am a confirmed employee of SIS India Ltd. I sent my resignation dated 29.12.2012, with a one-month notice period, and the company accepted the resignation dated 01.01.2013 and instructed me to move now.
Please suggest me.
Thank you.
From India, Noida
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Dear Mr. AMITKUMARRAI1187,
What exactly is the issue - you haven't cited here. Brief 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 reason behind the scene, then the unpretentious worth is the employer needs to pay your one-month notice as it was their discretion not requiring your services for a month. You may also talk to your HR department for your full and final settlement at the earliest.
From India, Visakhapatnam
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995What exactly is the issue - you haven't cited here. Brief 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 reason behind the scene, then the unpretentious worth is the employer needs to pay your one-month notice as it was their discretion not requiring your services for a month. You may also talk to your HR department for your full and final settlement at the earliest.
From India, Visakhapatnam
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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 provide for it. In such a case, they don't need to pay you for the balance period. You can join your next company immediately.
From India, Mumbai
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From India, Mumbai
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Dear Amrit Kumari,
The employer has the right to relieve you without waiting 30 days. He will be within his rights to appoint a new person in the interest of service. Even though you are a confirmed employee, since you have resigned, he can relieve you.
THERE IS SOMETHING GOD HAS KEPT IN THIS. ENJOY IT AND DO NOT CONTEST IT.
Blessings,
Dr. Ram
From India, Indore
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The employer has the right to relieve you without waiting 30 days. He will be within his rights to appoint a new person in the interest of service. Even though you are a confirmed employee, since you have resigned, he can relieve you.
THERE IS SOMETHING GOD HAS KEPT IN THIS. ENJOY IT AND DO NOT CONTEST IT.
Blessings,
Dr. Ram
From India, Indore
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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.
From India, Ahmadabad
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Hope that you must have understood.
From India, Ahmadabad
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Dear Amit Kumar,
Please go through your appointment letter. There should be a clause regarding the separation/relieving procedure. If the clause states a one-month notice period and in lieu of that period, one month's salary, the organization is liable to pay. This agreement is a mutual agreement and is binding on both parties. Therefore, you are requested to approach your HR department, quoting the appointment letter and the procedure.
Raju,
HRD.
From India, Secunderabad
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Please go through your appointment letter. There should be a clause regarding the separation/relieving procedure. If the clause states a one-month notice period and in lieu of that period, one month's salary, the organization is liable to pay. This agreement is a mutual agreement and is binding on both parties. Therefore, you are requested to approach your HR department, quoting the appointment letter and the procedure.
Raju,
HRD.
From India, Secunderabad
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My two cents of advice would be for you to go back and look at your appointment letter. As far as termination and exit from the company are concerned, the majority of employees do include a clause stating that 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 to have taken you by surprise. The company is well within its rights to relieve you immediately upon acceptance of your resignation, which I believe was accepted almost 20 days after you resigned. Technically speaking, they are relieving you 10 days ahead of your completion of the notice period. This decision could also have been made after observing your contribution post-resignation.
From India, Pune
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I don't see a conflict here, except that it seems to have taken you by surprise. The company is well within its rights to relieve you immediately upon acceptance of your resignation, which I believe was accepted almost 20 days after you resigned. Technically speaking, they are relieving you 10 days ahead of your completion of the notice period. This decision could also have been made after observing your contribution post-resignation.
From India, Pune
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An employee who has submitted notice, if asked to leave immediately, will be deemed to mean that the contract of employment is terminated at the interest of the employer. Therefore, the employer is liable to pay the remaining days' salary to the employee. It is important to note that an employee has the right to withdraw his resignation before it becomes effective. Thus, if the employer wishes for the resigned employee to be relieved immediately, he can do so but must pay the salary for the notice period.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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The termination clause is normally reciprocal of the rights and obligations of the parties to the contract of service. It means when an employee gives one month notice of resignation, the employer cannot relieve him of service immediately by accepting the resignation in as much as when the employer gives one month notice of termination, the employee can relieve himself of the service immediately without waiting to serve one month. The employer can accept the employee's resignation immediately on receipt, but it comes into effect on the expiry of the notice period only. By incorporating the term of one month notice, both parties concede to keep the contract in force during the notice period.
Thus, by giving one month notice, the employee intends to terminate 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, in fact, terminated the contract of service and is thus liable to pay wages for the balance of the notice period. Mr. Madhu is improperly explaining the position.
B. Saikumar
Mumbai
From India, Mumbai
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Thus, by giving one month notice, the employee intends to terminate 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, in fact, terminated the contract of service and is thus liable to pay wages for the balance of the notice period. Mr. Madhu is improperly explaining the position.
B. Saikumar
Mumbai
From India, Mumbai
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Dear all,
Madhu T K's contention does not appear to hold water. Employment is not a contract. An employer requires one month's notice to arrange for an alternative. If they can handle the replacement quickly or manage without a hand, they have no obligation to keep someone sitting idle and pay any compensation from the date of relief to the completion of 30 days.
"Contract" or "breach of contract" have different meanings and are not applicable to an employer-employee relationship. An employer has the right to set their own terms and conditions as long as they adhere to statutory provisions.
Blessings,
Dr. Ram
From India, Indore
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Madhu T K's contention does not appear to hold water. Employment is not a contract. An employer requires one month's notice to arrange for an alternative. If they can handle the replacement quickly or manage without a hand, they have no obligation to keep someone sitting idle and pay any compensation from the date of relief to the completion of 30 days.
"Contract" or "breach of contract" have different meanings and are not applicable to an employer-employee relationship. An employer has the right to set their own terms and conditions as long as they adhere to statutory provisions.
Blessings,
Dr. Ram
From India, Indore
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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 before it becomes effective. It is correct that the notice period is the duration during which the employer can have enough time to find an alternative and facilitate knowledge transfer. Simultaneously, if the employer observes that the resigned employee is just spending time chatting in the office, naturally, they can ask the employee to leave sooner.
On the other hand, if we consider the situation where the employer asks an employee to leave by providing a one-month notice period and the employee agrees to leave immediately, then, in that case, it will be the employee 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 pertains to the withdrawal of the 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 conditions of service or statutory provisions, the retirement mentioned in the resignation letter must take effect from the specified date, and such date cannot be advanced by accepting the resignation from an earlier date when the employee did not intend to retire on that earlier date."
Regards,
Madhu.T.K
From India, Kannur
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On the other hand, if we consider the situation where the employer asks an employee to leave by providing a one-month notice period and the employee agrees to leave immediately, then, in that case, it will be the employee 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 pertains to the withdrawal of the 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 conditions of service or statutory provisions, the retirement mentioned in the resignation letter must take effect from the specified date, and such date cannot be advanced by accepting the resignation from an earlier date when the employee did not intend to retire on that earlier date."
Regards,
Madhu.T.K
From India, Kannur
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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 the notice period, and the employee sought the notice period payment as relief, and the courts granted it. Even if you make any employee accept any unreasonable term in the appointment letter or in the employment contract, it would not hold any weight in the Court of Law. Mr. Madhu TK is again correct in saying that labor 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 Labor Commissioner, and he will surely get the relief he seeks for.
Best regards,
Dr. Ram
From India, New Delhi
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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 the notice period, and the employee sought the notice period payment as relief, and the courts granted it. Even if you make any employee accept any unreasonable term in the appointment letter or in the employment contract, it would not hold any weight in the Court of Law. Mr. Madhu TK is again correct in saying that labor 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 Labor Commissioner, and he will surely get the relief he seeks for.
Best regards,
Dr. Ram
From India, New Delhi
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