Resignation Notice: Should Salary Cover Full 10 Days if Employee Leaves Early?

Hi, if an employee gives 10 days' notice for resignation and the employee is being relieved before the 10-day notice period, should the salary paid include the 10 days or not? Please advise.

Dear colleagues,

Relieving an employee from service before the expiry of the notice period cannot be considered justified.

Thank you.

Yes, of course. Salary for the remaining days has to be paid if the employee gives notice of resignation, provided there is a separation clause specifying a notice period in the appointment letter.

Hi,

The 10-day salary needs to be included in his final settlement process. For example, if 30 days is the notice period in his appointment letter, then you must adjust for those 10 days the employee served and also recover the balance of days in his settlement. Simply put, the employee is liable for the non-served notice period.

Regards,
Ashok.

Dear Manu,

Please read the appointment letter. There must be a 30-day notice period. In case it is only 10 days, if the employee is being relieved before the 10-day notice period, then you should pay the salary including the 10 days.

Best Regards,
Sajid Ansari
Delhi

Hello,

There are many aspects to consider in this issue:

- If the employee's service is necessary, one should try to retain him.
- If not, it is always advisable to relieve the employee instead of waiting for the notice period to expire and also pay him the notice period salary.
- I always feel it is best to relieve the employees as soon as they make up their mind to resign. However, care should be taken to ensure that all dues to the company are cleared, and any company property has to be taken from such an employee.

For resignation, the question of paying notice pay by the employer does not arise. Therefore, if the employee resigns and the employer is ready to relieve him with immediate effect, he can do so without paying the employee any notice pay because this separation is at the initiative of the employee and not the employer.

Regards,
Madhu.T.K

Hello Manukarnika:

"If an employee gives 10 days' notice for resignation and is being relieved before the 10-day notice period, should the salary paid include the 10 days or not?"

Yes.

"Please advise."

It depends on what you want to receive in return.

Do you have a written policy regarding a notice period?

Are you prepared for other employees to give no notice since there will be no benefit to them for providing a notice period?

An employer should treat a departing employee fairly even when a valued employee gives notice.

How departing employees are treated will help decide how employees will depart in the future.

Yes, you should give him notice pay if you do not want him any longer. The employee is willing to work for 10 days more (considering if you have a 10-day notice system), so you cannot prevent him from doing so and affect his livelihood just for the sake of your ego - "Look, I removed the person summarily, who dared to give resignation!"

Such an attitude will land you in trouble in the Labour Court (should the ex-employee choose to file a case) and in the long run as you yourself are defining your company's culture of treating your employees in a shameful way.

Dear all,

From the query, it is not very clear whether in the appointment order or anywhere else there is mention of a notice period. But, as stated, if the employee has opted to be relieved after 10 days, it is not mandatory for the employer to wait until that time. He can be relieved any day prior to the 10th day without incurring any liability to pay wages.

However, if there is a provision of a notice period, the employee is required to give notice, and then he ought to serve the notice period. On his failure to do so, recovery of notice period pay can be made from his dues. Conversely, where the employee shows willingness to serve the notice period and if he is not permitted, then he is entitled to salary for the unserved portion of the notice period.

Regards,
KK

Dear Prashant_Nair,

Perfect opinion. I agree with you.

There have been many similar posts in this forum, and I wish members would take note of what you have said, especially this:

"On the contrary, where the employee shows willingness to serve the notice period and if he is not permitted, then he is entitled to salary for the unserved portion of the notice period."

I have noticed that many HR professionals miss out on this part. They wrongly assume that once a person has tendered resignation, his services can be dispensed with without any notice pay being given by the employer.

Regards.

Dear,

If it is mentioned in the appointment letter, then you should pay the salary including the 10 days.

Best Regards, Praveen Sharma

As far as I understand, in the case of an employee giving resignation and the employer wanting to relieve him earlier, it would depend on the conditions laid down in the appointment letter, which are mutually binding. In most cases, it is imperative on the part of the employer to reimburse the notice pay for the period during which the employee is sent home early.

Dear Seniors,

Please suggest something regarding my query. There is an employee who submitted his resignation on August 31st and intends to leave the organization on September 20th. However, as per the appointment clause, we require a one-month notice period prior to resignation. Additionally, this employee still has 6 remaining leaves. Could you please advise on the compensation that should be provided by either the employee or employer?

Kindly Help!!!

Dear Aarti,

He can be relieved on 20th Sep. While preparing his Full and Final settlement, 4 days' salary may be deducted (accounting for 6 days of leave - if it's EL/PL) out of the shortfall of 10 days of the notice period.

Additional suggestion for guidance: His relieving letter and experience certificate, along with the full and final settlement cheque, can be handed over to him on the afternoon of 19th or 21st Sep. during the Farewell meeting arranged by HR and presided over by a senior.

Regards.

Hi,

An employee is eligible for their salary up to the date they actually worked in the organization.

Sir, my employment contract states that I need to give a notice of 45 days. However, on mutual verbal agreement, I was released 10 days earlier, and I have received a relieving letter stating that I am relieved from all my responsibilities. Now, my employer says that since I left 10 days earlier, there will be a deduction in salary. I discussed the statement in the relieving letter with them, but they refused to pay me the salary. What should I do? Should I forego the 10 days' salary, or what? If possible, please email me at mdawrani@gmail.com.

Relieving after mutual discussion does not always mean waiver of notice pay. If your appointment letter states that, after relevant approvals, notice can be waived off, then it should have been discussed by you at the time of your discussion with the concerned authorities. It should have been pointed out clearly that, along with the notice period, you also required a waiver on the payout.

Please follow the link where some discussions have taken place, and my earlier point was corrected in tune with some court verdicts.

https://www.citehr.com/201837-resign...ml#post1334574

Regards,
Madhu.T.K

In the offer letter, the number of days required for giving notice to the employer would be stated. Accordingly, we may give or deduct salary.

When the notice period is not specified, we have to give 10 days' salary.

Regards,

We need to check the organization's policy regarding the notice period. Some organizations require a 30-day notice. In such cases, if an employee requests to be relieved in 10 days, then 20 days' salary (Basic + ADA) can be deducted during their settlement.