Nathrao
Insolvency N Gst Professional
+1 Other

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Dear Sir ,
kindly give the 2-3 citations of high court or supreme court where it is stated that " in case of the default of not serving notice period on employee side after tendering resignation with immediate effect then sending the declaration ( legal notice/ e-mail ) to the employer that compensation ( salary/any amount in lieu of notice ) against notice period default can be deducted from his pending dues shall be treated as resignation to be deemed accepted on the date that declaration / communication is sent & acknowledged by employer.
As the default of notice period brings the liability to employee to pay employer the compensation in respect of that .
Kindly provide few citation references for understanding the legality .
Reg,
Sam

From India, Delhi
Please check what is written in appointment order about exit policy.
Notice period-- how many days?
In case of violation of notice period, what will the effect.
If it is states N number of days of notice period or buy out in lieu.
Then this condition is applicable to both employer and employee.
If nothing is clearly written in appointment letter,then such deductions will be a problem

From India, Pune

Dear Rao sir ,
Appointment letter says - for exit 90 days notice to be given for resignation and company may consider salary in lieu of notice period shortfall . For this a letter has been sent to employer to authorize them to deduct the payment in lieu of notice from balance dues.
one more question sir , Does resignation with immediate effect valid in india ? from when it will legally come into effect in this matter
Reg,
Sam

From India, Delhi
What is the date of acceptance of resignation?
There is no concept of immediate resignation unless the appointment letter says no notice period is required from either side.
If company accepts salary i/l of notice make the payment and get clear exit.

From India, Pune
Before proceeding anything , you have to check following things-
01. Have you approved standing order? and same has been defined in any HR policy ( because mostly common points are taking during making any HR Policy.)
02. Have you issued him a valid offer letter and acknowledge of same is with you ?
03. have you done his induction program during joining time and have a document for same.
04.Have you issued him Appointment letter where regarding the joining,separation, leave details, transfer details and other company rules. acknowledge of same is with you ?
04. have you give him awareness about the company rules & regulations and same has documented with you.
05. Also need to check what decision you take in same situation either you pay same what you want to recover from the exit employee?
all need depend on your documentations and if you have all these then may process as you required.

From India, Rudarpur
Send me any policy drafting for empliment notice perion one month to 3 month
From India, Rander
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