My employer doesn't want any further service from an employee, so sent him a mail personally and asked to treat the mail as a notice period, also to serve one month before his reliving, the employee also served one month, payment paid till his relieving date from the company. Now the employee is insisting on one more month's salary by justifying that he is not leaving on his own. Is it correct or not? pls advice
From India, Hyderabad
From India, Hyderabad
When there is a notice period of one month, irrespective of termination by the employer or the employee concerned, it means the employee is to serve one month after the notice of termination. The employee has served one month and he has been paid, that is the end of it. The employee cannot ask for payment of one more month since the notice period is served and paid. If the employee was terminated finally without any notice period, then only payment for the notice period is contemplated. Otherwise there is no provision to make additional payment
From India, Mumbai
1530From India, Mumbai
Retrenchment is the termination of an employee by an employer for reasons other than a punishment meted out by disciplinary action. Employees terminated in such a manner are financially compensated by the employer. This kind of compensation is known as retrenchment compensation.
There must be a termination of the service of a workman. The termination must be by the employer, for any reason whatsoever, and. Except for punishment inflicted by way of disciplinary action
The employee must be compensated with an amount equal to 15 days annual wage for every completed year of continuous employment in the industry or any portion of it exceeding six months.
However, the following are not covered within the meaning of retrenchment: Voluntary retirement of a workman. Retirement of workmen on reaching the age of
Also the Payment of Gratuity Act, 1972, states that an employee is eligible to get gratuity only after he or she has worked with an organization for a minimum period of five years. The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation.
From India, Madras
There must be a termination of the service of a workman. The termination must be by the employer, for any reason whatsoever, and. Except for punishment inflicted by way of disciplinary action
The employee must be compensated with an amount equal to 15 days annual wage for every completed year of continuous employment in the industry or any portion of it exceeding six months.
However, the following are not covered within the meaning of retrenchment: Voluntary retirement of a workman. Retirement of workmen on reaching the age of
Also the Payment of Gratuity Act, 1972, states that an employee is eligible to get gratuity only after he or she has worked with an organization for a minimum period of five years. The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation.
From India, Madras
It appears from the original post that the concerned employee is not a workman as per I D Act ( if I am not wrong ). Any separation is painful. To avoid the same, it is always better to negotiate with the employee and instead of providing him one month notice period as per service condition, ask him to resign and pay the employee some extra ( in this case one month notice period and one month extra ) to make the separation painless as well as to make case legally strong.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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