Respected Seniors
As per Co. Appointment letter, the Notice period is 15 days for 6m, 30 days for 1yr and above one year of Service, it is 60 days or else the first party has to pay for the balance days to the second party (both employer and employee)
Now one of our Employee was asked to submit resgnation bcoz his performance was not well. he has already completed more than one year here. As advised he has also given resg. with two months notice but the mgmt have asked him to leave within 30 days and told him that no salary will be deducted for the balance 30 days and he will be exempted from this.
But now the employee is asking that if he has to leave within 30 days then he needs to be paid the notice period amt from the co. for the balance 30 days.
We tried to help him by giving exemption in deduction and also by not giving termination letter but because of his negative attitude, the higher Mgmt has now decided that he has to leave within 30 days and we will also be deducting the salary for the balance 30 days where as the employee is neither ready to leave, nor ready to pay for the balance 30 days and in reverse is asking us to pay to him for the balance 30 days.
Please suggest who is correct and what are the next action we have to take? The emp has given the resg. letter with 60 days time on 5th December 2009 that means the 30 days will be completing on 5th January 2009.
Seniors........... pls suggest and help us to get out on this issue!!!
Thanks in advance
As per Co. Appointment letter, the Notice period is 15 days for 6m, 30 days for 1yr and above one year of Service, it is 60 days or else the first party has to pay for the balance days to the second party (both employer and employee)
Now one of our Employee was asked to submit resgnation bcoz his performance was not well. he has already completed more than one year here. As advised he has also given resg. with two months notice but the mgmt have asked him to leave within 30 days and told him that no salary will be deducted for the balance 30 days and he will be exempted from this.
But now the employee is asking that if he has to leave within 30 days then he needs to be paid the notice period amt from the co. for the balance 30 days.
We tried to help him by giving exemption in deduction and also by not giving termination letter but because of his negative attitude, the higher Mgmt has now decided that he has to leave within 30 days and we will also be deducting the salary for the balance 30 days where as the employee is neither ready to leave, nor ready to pay for the balance 30 days and in reverse is asking us to pay to him for the balance 30 days.
Please suggest who is correct and what are the next action we have to take? The emp has given the resg. letter with 60 days time on 5th December 2009 that means the 30 days will be completing on 5th January 2009.
Seniors........... pls suggest and help us to get out on this issue!!!
Thanks in advance