Notice Pay In Case Employee Is Relieved Earlier

As per Model Service Rules, when the employee resigns giving the required notice period and employer relieves him earlier the employer should compensate for the balance notice period to employee.Balu

Hi,
I believe you guys can answer this as well.
I have put down my resignation notice on July 13th & am giving 2 months' notice period till Sept 12th.
Contract says need to give 3 months by either side.
Now Company is ready to release me by 31st July.
Questions:
1) If they r releasing me early, are they liable to deduct 1 months salary (for the month i could not serve notice period.)
2) Should i be eligible for salary in lieu of the period for which i was willing to work had i not been released earlier. (i mentioned in resig letter tht i'd b glad to be relieved as early as possible.)
My point is if they dont need a notice period of even 2 months (which i am ready to serve) why do they need to cut a months salary (a month for which i cant serve [1/3] if i am being released even in less than 2 months.)

If there is a stipulation of notice period, it should have been spelt out very clearly in the appt letter for early release. Suppose, the employee wants to get relieved early than the prescribed period, whether you will recover for the shorfall or not. The same philosophy shall be applied vice versa. No advise from others is required for dealing with employees notice period.

Dear Rekha,
While I all agree with the encompassing and comprehensive answer given by SC, at the same time I would like to reiterate that in case it was only interpretation of law which was required from us " Human Resource Managers" then the basic qualification for HRMs should have been LLB .
I personally feel that while deciding on the notice pay you should look into the following:
1. Employees tenure and performance in the company.
2. Reasons for not giving him any more projects.
3. What if he had not given the resignation on his own?
4. Was he made aware that no notice pay would be given to him while he was resigning.
5. Last but not the least ...........put yourself and in his shoes
Pls understand that there can never be textbook solutions to such situations and each situation has to be handled while considering the circumstances.
All the Best ........... May the Human in us Resource Managers Win.
Warm regards to All
Amit

Dear All,
It can be very well understood that the Company has to pay for the unserved notice period. Mine is a similar case and I want to know whether the employee is entitled for full benefits which he was earning immediately before submitting his resignation? What will be the calculation of the amount that the company has to pay for his unserved notice period which he was willing to serve?
Regards,
SDG

For those who said company should not pay for notice period when employee voluntarily resign.

suppose the notice period is 3 months from either side.

when company relieve their employees immediately to save the cost on salary during notice period , don't you think it should be treated as cheating.

while resigning employee is in assumption that for the whole notice period he/she will get salary and remain financial safe .

employee does the financial planning by keeping in view this notice period.

some people without any offer in hand resigns thinking that they will find new job during this notice period.

in case of new offer employee has to consider this whole notice period before commiting joining date to future company.

we cant gurantee that the next comany will allow him/her to join before committed joining date.

think about the family person ....the EMI's , school fees,medical expenses,groceries .....

who will pay during this period of unemployment ?

dont you people think that this clause favors only employer ?

dont you think employer should take consent from employee before relieving him/her before this notice period gets over ?

Dear all ,
My last company deducted notice pay in my full & final statement but there is no confirmation letter provide by this company to me and at time of joining letter clearly mention in appointment letter after confirmation letter u r eligible to survive notice pay of notice pay recovery.
What i do.
Thanks & regards
Ravi Kumar

Hi Folks,
I resigned from my company on March 9th 2018. The employment contract had 1 month of notice or salary in lieu of for each party.
The company paid me for 30 days and revoked my access immediately.
What will be the last date of employment, March 9th or April 9th as the firm paid through till April 9th?
Also, was I free to take up employment on March 10th if the firm relieves me early?
Regards
Abhishek