How to Handle an Employee Leaving Immediately Despite a One-Month Notice Requirement?

Dear Seniors,
I would like to know if an employee left the company on the same day he resigns, but as per his appt. letter he has to give one month's notice or pay in that case what date we should consider as his relieving date (to close his file), the date he left the company or one month's after date.
Please advise.
Regards,
Jyoti Negi

Hi Jyoti,

His relieving shall be approved by the appointing authority, and the waiver of his notice period shall also be mentioned in the recommendatory note to the appointing authority to close the file. This will not have any bearing on the burden for violations of company rules or audit remarks for explanations, etc.

Regards,
Sawant

Hi Sawant,

Thank you for the advice. However, the management has accepted his resignation in accordance with company rules, which means we will not be waiving off his notice period.

Please advise.

Regards,
Jyoti Negi

Hi Jyoti,

Since the resignation has been accepted and signed on his resignation letter, then the terms as per the appointment letter are applicable. Unless there is a request for a waiver of his notice period from his HOD on his resignation letter, the above-stated terms are applicable.

Regards,
Rajat

Dear Jyoti,

You have accepted the resignation on the same day, so the date of relieving will be the same as when you accepted the resignation. You can deduct his salary as per the conditions of the appointment letter.

Thanks,
J.S. Malik

Hi Jyothi,

As you have accepted his resignation and if the employee is ready to pay for his notice period as per the appointment letter, you can relieve him on the same day.

Regards

Dear All,

Please send your comments on the following as it's very urgent:

1. During this retrenchment/layoff period in the company, if any employee, during the probation period, whose notice period is 01 month, resigns from the post before he is terminated, can that employee give/mention that he will be leaving the company after 15 days? If yes, please provide some legal clauses or company policies.

2. What is the maximum period one can give to the company, which will include his notice period, to the company? What are the policies? For example, an employee whose notice period is 01 week gives his resignation on 01 October and writes that he wants to stay in the company until 27 October, and his notice period will start from 20 October. Is this valid? If yes, please provide the rule.

Thanks & Regards,
VKS11