Salary In Lieu Of Notice Period [Thread 227393]

Dear Sowmya heaggade
In any circumstances Management will have to pay to the employee salary for the period for which he has worked. so even if employee has agreed to work during the period of notice period of two months on completion of his two months notice period he can demand his salary. and if employer is notice willing to pay his salary he can file the complaint with office of Labour commissioner for recovery of his salary

Hi,
My friend resigned on 10 Feb 2010 and was suppose to serve a months notice period till 9 Mar 2010.
But his employer asked him to leave within 5 days i.e on 15 Feb 2010.
a) In this case will the employer need to pay for the remaining notice period i.e till 9 Mar 2010.
b) What will be the last working day for my friend on the relieving letter, will it be 15 Feb 2010 or will it be 9 Mar 2010.
My friend is yet to find a new job.
Please can anyone help me on this.
Regards,
Rahul

Dear Rahul,

It is OK, your friend ha fulfilled the requirement of one month notice. But, company is not obliged to keep him for full one month till the expiry of notice. The notice period is meant that the company should make arrangement for substitute on leaving of an employee so that the work of the company may not suffer. It is not binding on the company to retain the employee for the full period of notice. The company has the discretion to relieve the employee even on the same day of notice, if it is able to make arrangement of suitable substitute. So, there is nothing wrong if the company has ordered him to leave within 5 days. Your friend will not be entitled to any salary for the period beyond the date of relief. It is your friend who has served the notice of resignation and the company who has served the notice of termination. Had the company served the notice of termination and would have relieved within 5 days, your friend would have been eligible to claim the compensation in lieu of the remaining days of notice period. Early relief has nothing to do with the matter whether your friend has been able to find a job or not.

PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi