hr-sparklersEmployees resigns and serves notice period of 30 days as per clause but employer cut shot the notice period days to 15 days and forcefully give early relieving .
Do employer has to give the remaining 15 days pay to employee ?
as per appointment letter clause , employee has resigned 30 days prior and can join the new organisation only after 30 days.
if his current employer give early 15 days reveling forcefully then employee has to sit home for 15 days without any pay ?
in such circumstances what should be the ideal action to be taken ?
i wanted to know form organisation point and with the employee side also if employer dont want to pay any compensation .
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
From the perspective of both the employer and the employee, a resignation coupled with the readiness on the part of the employee to serve the entire notice period already fixed in the contract of employment is an OFFER by the employee. If the employer accepts the resignation but reduces or cuts short the notice period stipulated in the contract at his own discretion, it amounts to a COUNTER OFFER which certainly requires the acceptance of the employee.
If it is not acceptable to the employee, the employer is bound to pay the salary for the notice period reduced by him before implementing immediate relieving of the employee.
If the employer fails to do so and acts unilaterally, it tantamounts to clear breach of the terms of the contract and will have also pay the employee damages , if it is legally contested.
From India, Salem
hr-sparklersThank you so much Umakanthan ji regards Sarath Narayanan +91 9717490428
From India, Delhi