Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional

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Dear All,
Looking forward to an expert advice on the following issue:
Our employment agreement has a notice period of one month from either side.
One of our employees submitted his resignation dated 9th Jun'18. His resignation was accepted and he was relieved from his services wef. 16th Jun'18 as mentioned in his resignation mail. But he had not served his one month's notice period as mentioned in his offer letter.
The employee is now demanding his pay for the days he had already worked.
Is the company liable to pay anything to him??
Regards
Nidhi Singh
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Dear Nidhi Singh,
Resignation is the voluntary termination of the contract of employment by the employee and it takes effect only when it is accepted by the employer. If it is covered by any specific term relating to notice period in the contract, employer would normally accept it subject to the fulfillment of the notice condition as mentioned in the contract only or at times may waive it. It is a matter of the employer's exclusive discretion whether a request is made in this behalf by the employee or not.
In your case, the resignation submitted on 09-06-2018 was accepted and he was actually relieved on 16, June 2018 in spite of the employee not serving the one month notice period or not paying salary in lieu thereof. It would certainly mean implied waiver of notice condition by the employer. Therefore, the ex-employee's demand for proportionate salary for the days he worked in the month is correct and justifiable as well.
Payment for 16 days work is legally due to employee who has exited on acceptance of resignation.
Company having accepted the resignation cannot adjust days worked against notice period.
Question of notice period does not arise here as company is the authority to waive it off by express words or by action(here action of accepting resignation)
Good employers do not quibble over such small matters of with holding 18 days pay.
Pay him and let ex employee be happy.
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