Please confirm the verbatim of the separation clause mentioned in the appointment letter of the employee. Any advice can be given after understanding the contents of the separation clause.
Since this is a voluntary separation from the company, the provisions of "retrenchment" as per I.D. Act, 1947 do not apply here.
From India, Bangalore
You have shared the practice followed in your organization that any resigning employee shall have to serve NP of 60 days. You said employee is willing to serve NP but management do not want to continue his services. Then, it will be termination of service but on record, the same is a forced resignation. In any case, Management, as per policy, shall have to give him 60 days salary in his F&F settlement.
From India, Aizawl
Our appointment letter says, that If the organisation will terminate a confirmed employee, it will give one month notice to the employee but if the employee wishes to leave the organisation, he needs to serve 60 days notice. Any shortfall in the notice period will be adjusted from the Full and Final of the employee and it has happened also.
Now the situation is very much clear here that it is a one sided agreement.
The organisation has not mentioned that if it wishes to relieve the employee in the middle, the notice pay for the balance notice period will be paid.
From India, Delhi