Remote work policies. Due to this pandemic, how can an employer hold the employee to serve the notice period
From India, Hyderabad
Labour Law & Hr Consultant
Management Consultancy

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Keep the full & final settlement pending till the exit formalities are completed. Also, you can leverage the issue of the Experience Certificate till the notice period is served. In the meanwhile, the salary, incentive, ex-gratia, bonus, etc are withheld. Communicate clearly that these benefits will accrue only after the notice period is satisfactorily served.
From India, Mumbai
Thank you for your reply. what if the employee leaves within a month.? , what else can we hold form the employee to serve the minimum Notice period
From India, Hyderabad

Dear Ashritha,

Work-from-Home is an alternative arrangement involving just only the change in work place due to any extraordinary situation beyond the control of the employer like the present statutory lock down; but the contract of employment remains the same and so are the mutual rights and obligations of the parties to the contract.

The notice condition on account of unilateral termination of the contract of employment by the employee remains the same i.e either serving the notice period from home or buying it out as already specified in the contract.

If he fails to do either and simply walks out on his own, you can treat it as abscondence and initiate formal disciplinary action against him which may end up in his dismissal.
If you are a bit considerate, you can ask him to pay the notice salary or adjust it against the dues to him like salary for the period worked, surrender value of EL at his credit and then only relieve him formally.

Of course, the employer has the discretion to accept or reject the buy-out offer of the resigning employee on the ground of exigencies of work, if so stipulated in the contract. But, such refusal shall not be mechanical to reduce the rate of attrition or to scuttle the process of peaceful separation for obvious reasons.

From India, Salem

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