Umakanthan53
Labour Law & Hr Consultant

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In a typical Case with an MNC, they have a clause written in their Appointment Letter with respect to Notice Period in case of Resignation. During Training or Probation, the Notice period is 15 Days & post Confirmation, the Notice Period is 90 days.
My question is that in case if a Confirmed Employee having Notice Period of 90 Days resigns, then is it necessary to Hold his Salary Fully / Partial until he completes his Notice Period?
In case if we do not Hold Salary & the Employee leaves without Notice & without completing the Notice Period, then What can be done in such Case?

Dear friend,
When the notice period is equal to or more than a month and the employee's resignation is only effective from a future date which is exactly after the entire notice period, it automatically implies that he is going to serve the entire notice period and the employer would relieve the employee on the expiry of the notice period only irrespective of the date of acceptance of resignation by him. So, how can the employer hold his salary for the intervening wage periods during which the employee has actually worked?
The effect of leaving in the middle of notice period or without notice by the employee sans the payment of partial or full notice salary as the case be can be one and the same i.e abscondence against which the employer has to initiate a formal disciplinary action and terminate the services of the employee on the ground of misconduct.

The effect of leaving in the middle of notice period or without notice by the employee sans the payment of partial or full notice salary as the case be can be one and the same i.e abscondence against which the employer has to initiate a formal disciplinary action and terminate the services of the employee on the ground of misconduct.
Sir,
In case the management terminate after serving notice period, such termination is eligible for 25F benefit or not.
PVV

Dear PVV,
Such a termination against abandonment of job should be the consequence of a formal disciplinary proceedings. Therefore, it is a punitive termination of employment and does not fit in the definition of the term "retrenchment" u/s 2( oo) of the ID Act,1947 and no question of any compensation u/s 25-F of the Act.

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