Similarly when an employee resigns with immediate effect the agreement gets terminated, then the employer will calculate the f&f and the employee has to pay the notice period in lieu off in mentioned in the agreement.
In both the cases nobody requires an acceptance from the other party. Employer doesn't need acceptance of employee to terminate him with immediate effect, similarly employee doesn't need an acceptance of his resignation with immediate effect.
Please correct me if I'm wrong from legal perspective.
Generally during probation employer retains the right of removing an employee, so employer can remove a employee. This will not be called a breach as the specific power is vested in the contract. But in case of employee from the date the employee is inducted into service (Not Training), he is bound by notice period. This can be made out by language used in the drafting of contracts. Generally the drafter will commence the liability of employee from the commencement of job. So his liability to oblige the notice period depends upon the terms of the contract.
Yes the employee is bound by notice period. But what if the contract has a clause of notice period buy back/in lieu off then the employee can resign with any acceptance or permission provided he intends to pay the damage mentioned in the contract for the said act.
In this case the day when he resigns is this day going to be his last working day and relieving day as well? Or he needs employer's acceptance even when it's mentioned in the HR handbook that an employee can resign voluntarily any time provided he intends to pay the damage?
That is exactly what my question is. When an employee is ready to pay the damage does he need the acceptance from his employer on his resignation with immediate effect ?
Then when an employee resigns with immediate effect and ready to pay the damage mentioned in the agreement why ddoes he need a permission/acceptance from the employer?
I as a layman think in both the cases nobody need a permission from the other party provided the party who is breaching the contract is ready to pay the damage amount to the party who suffers.
Am I right? Please do let me know if my understanding is wrong.
i) hen he/she is actually struckof from the rolls of the employer, or
iii)the last working day or
iv)the date of actual relief
- whichever is early, irrespective of whether he/she resigns or terminated or contract is over etc. Normally, practically, effectively the date upto which his/her salary accrues/paid/to be paid. Either during probation or there after, whether the notice period has commenced or is running or over.
Above events always coincides with end of service with an employer, upto which he/she will be treated as on the rolls of the employer. Thereafter the separation under whatever be the reason for such a separation
The notice period as such is only the indicator by end of which the employee ends his relationship with the employer. Whereas in case of "pay in lieu of notice period" the effective date which is mentioned in the relieving letter is the effective date of separation. It's possible even after ending the notice period an employee may be retained on the rolls till all relevant issues are sorted out. But in any case what is stated in the relieving letter is the final say in this.