Labour Law & Hr Consultant
Rajiv Jain
Hr & Admin
+1 Other

Immediate Relieving without
Notice Period - What Is The Liability On The Organisation?
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If the employee exercises the option of resignation with effect from a future date by serving the entire notice period, the employer can not relieve him immediately for it amounts to a counter-offer which requires the acceptance of the employee. Still the employer chooses to relieve him immediately, he can do so only by paying the notice salary to the employee.
The term 'notice period' is nothing than of a condition for the employer. This is a tool which is used for retrenchment and days of notice is determined on the size of employment in the establishment varied fro minimum of 30 days to 90 days. Further this for to discourage the exit and buy out time to arrange substitution. If management decides to go immidiate then have to pay compensatory amount as notice. The HR can help no notice if could to obtain the consent of employee in writing.
Notice period by employee and employer should be the same
Company is expected to honour its part of the contract.
3 months notice means company has to give three months notice or pay i/l if explicitly stated in job offer or employee agrees to accept pay i/l of notice.
Basically what ever is there in job offer is applicable.
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