Industrial Relations And Labour Laws
Ashwini Mhapankar
Hr Professional
Managing Director
Talent Acquisition / Consultant - Catalis
Sr.manager - Hr&admin
Gm (hr)
Sr. Hr
+2 Others

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Dear All seniors,
I am working as HR in IT Company. Recently one of our employee put resign on 29 may. That employee was on junior level so there was no need to take backup or handover the work to other employee. Due to that reason we accepted the resign immediately and ask that employee to do not come from 1st June. Employee was agree and didn’t come from 1st June.
Now employee is asking for one Month (June) salary. He told that he is ready to serve one month notice period. His last of employment is 30 May.
Is company liable to pay?

From India, Surat
Certainly YES, if he had stated that he would serve for one month as per terms of appointment. At the same time, if the terms of appointment is silent about notice period, then he cannot ask for one month salary. Now it has become like the employer asking him to go and in such scenario, he should be compensated for the salary lost.

From India, Kannur
Hi Rakesh,
In normal course the minimum notice period is one month which will vary from Company to Company based on the Grade and level of employee. Please the check the terms and conditions of the Appointment Order which has been issued on the separation clause. Also clarify whether the employee had made any request for early relief or showed reluctance in serving the notice period...

From India, Madras
As of project requirement, we can say that your resignation is approved and your last working day is 30th May. the full and final settlement can be done as per your policy. here,, no matter to go as per candidate interest.
From India, Hyderabad
If he would have requested to leave immediately & you had needs for backup & handover, would you have asked him to pay the one month salary to buyout the notice period?
... Contracts are not based on scenarios & situational priorities. Check the facts & you may have to pay him one month salary, if that is agreed as per the appointment letter.
If you have not issued him relieving letter yet, then you can negotiate with him to work for 30 days from now & pey one month's salary. Time lost in June till date can be considered as non-paid leave, as generally there is no leave in notice period & notice period also extends for this leave period. This will not show a gap in his resume for next job & you will not have to pay for non productive time.
This is off-course if you have work for him & want him to work further for you after resignation. Since he is junior level employee, there should be no problem....
Best Regards,

Dear Member
It is not candidate is based on terms and conditions of appointment letter.If company has provision of one month notice pay viceversa than he is entitle to get one month notice pay.

From India, Delhi
Kindly check what are the clauses mentioned in the Appointment Letter on Separation of Services. You must have one signed copy of letter from that employee. If it is not written to give notice period payments then no need to pay him. If you still have not given him the relieving and experience letter then tell him to work for that one month and then pay him accordingly, showing extension in resignation / notice given. As he is a junior level employee he will not create much issues on this.
Good Luck!!

From India, Mumbai
I do not agree with the presumption of Ashwini that if he is a junior level employee he will not create much issues, rather I would like to say that if he is a junior level employee, you should be very careful because the provisions of Industrial Disputes Act will help such employees.
It is also interesting that Rakeshmba who started this thread with his concern is not responding despite we people asking for clarifications about what is written in the appointment order about the separation clause!!

From India, Kannur
Dear all,
In appointment letter- there is one month notice period.
here the concern is that - company not want to continue that employee and dont want to pay salary of june month.
employee is asking to serve the notice period and pay for june month(notice period) salary

From India, Surat
Pl refer the terms of his appointment. Normally the appointment letter will tell that if you want to leave the organisation you have to give one month's notice or one month's salary in lieu of one month's notice on either side. If it so mentioned in the appointment letter the company has to pay one month's pay for the reason that the employee has submitted his paper and wanted to serve in your organisation. As a management you only have stopped him from coming to office after submitting resignation.
From India, Madras

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