My friend has resigned from a company and is in notice period. His resignation was accepted. Now company is trying to terminate him a week before his end date. What are the options available?
Should he apply for leave on LOP basis for rest of days? What if company still terminates him? Can company actually do this as company's conduct looks suspicious here?

From India, Gurgaon
Labour Law & Hr Consultant
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R B Yadav
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R B Yadav

Dear Sir
With reference to your query, the Company is right in its way even terminate the service of an employee during notice period. As such the resignation of the employee has been accepted, therefore the employee have no option but to settle his full and final in this case.
Basically leaves are subject matter of Leave Rules of the Company. If the rules are permitting for availing leave while in notice period, the employee can avail such leaves. In general such leaves are not allowed by the Management. In my opinion, if the employee is under notice period and the company has accepted his resignation, noting looking suspicious in this.
R B Rao

From India, Mumbai

Dear Inderpal,
It is not clear to me why should the management terminate the services of the employee during the notice period after accepting his resignation. In case of any pending disciplinary action initiated earlier into any charges of serious misconduct, the management may do so after following all the procedures. But in such a situation the resignation would not have been accepted at all. So, better provide more inputs.

From India, Salem

Many people here tend to make postings by hiding facts. There is an old saying," never tell lie to your doctor and lawyer". Same thing is applicable to HR Consultants here as well ! You can post your query anonymously and we will safeguard your identity. But, professionals here can give you correct advice, only if correct query is posted, without hiding any facts
From India
They say that client has done a complaint against him. But either complaint came in notice period or even if it came earlier, no action was initiated before notice period. I think they are just trying to harass him and want to set an example to other employees as there has been many resignations from the company in last few months.
From India, Gurgaon

If the individual is a workman under the ID Act, he can raise a dispute; otherwise, if he is a person employed under the Shops & Estt Act, he can prefer an appeal to the authority under the Act or else institute a civil suit claiming for damages.
From India, Salem

Company can terminate employee in his notice period on grounds of Misconduct, under Disciplinary grounds.
they cannot terminate employee without mentioning any reason.
You can file suit on the company. if you don't want any mess with them.
Resignation Acceptance letter is basis for joining in another organisation.

From India, Hyderabad

But well governed and administered companies will not such things.
If something unexpected happens during notice period or some older happening gets revealed during notice period then the company can consider termination as an option.
It all depends on nature of the event and seriousness of the issue.

From India, Pune

Hello Inderpal07,

Since you are a new member of this Forum, it's understandable that you may not know it.

Like N.K. Sundaram pointed-out, UNLESS you give ALL & COMPLETE facts right @ the beginning, you can only expect half-baked suggestions....that most likely WILL lead you or your friend to more trouble than a solution.

You mentioned "They say that client has done a complaint against him. But either complaint came in notice period or even if it came earlier, no action was initiated before notice period".

You YOURSELF aren't sure of this fact......IF you really wanted to help your friend [or for whichever purpose you posted this issue in this Forum], you could have checked-out the details & THEN posted them. Also 'Complaint' can mean the one who is the 'target', it could mean atrocious, to the Company it could mean 'well-deserved' & to others like the members of this Forum, it could be quite something else UNLESS the details of WHAT the complaint was all about comes to the fore.

Hope you get the point.

This also leads one to another issue.....that's also not very common: "Valuing others' time as you would your's".



From India, Hyderabad

dear inderpal,
resignation is accepted after no dues process.release letter is produced within few days and resignation letter passes through working department to means any officer did not find fault/forgery or misconduct of employee.but if any employee is relieved than company can't take any action because he is not employee of company.resignation will be under process.

From United States

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