Dear All,
I am facing a problem in relieving an employee.
We have hired an employee two years back in Dy. Manager level and this year (April-06) he has been promoted as Manager. Now few days back he submitted his resignation and requested to relieve him on 9th of November. As per the appointment letter the notice period is three months or salary in lieu. Now i am coming to my problem, the management now asked the employee to serve the notice period. But he wants to leave early.
I need to come out with a solution to this problem by Friday. I request you to give your comments on the following.
1) Can the employee leave the organisation against the wish of management ?
2) Can we take any legal action against him if he turn down the management's order ?
3) Can we take any legal action against the employer where he is supposed to join if they allows him to join the organisation without our No Objection Certificate ?
4) What is the general practice to calculate the Notice Shortfall, on Basic Salary or CTC?
Please put your valuable inputs to solve this problem.
Regards
Sreekanth
I am facing a problem in relieving an employee.
We have hired an employee two years back in Dy. Manager level and this year (April-06) he has been promoted as Manager. Now few days back he submitted his resignation and requested to relieve him on 9th of November. As per the appointment letter the notice period is three months or salary in lieu. Now i am coming to my problem, the management now asked the employee to serve the notice period. But he wants to leave early.
I need to come out with a solution to this problem by Friday. I request you to give your comments on the following.
1) Can the employee leave the organisation against the wish of management ?
2) Can we take any legal action against him if he turn down the management's order ?
3) Can we take any legal action against the employer where he is supposed to join if they allows him to join the organisation without our No Objection Certificate ?
4) What is the general practice to calculate the Notice Shortfall, on Basic Salary or CTC?
Please put your valuable inputs to solve this problem.
Regards
Sreekanth