Dear TS and Sriram
Thanks for providing perfectly legal and right solutions; as well as useful insights to all.
Dear Trupti
I hope you have got your answers now - whether or not they jell with your management's policy or whether you are in a position to get them implemented, is a different matter; but I am happy that you now know WHAT is RIGHT !!
Dear Jyoti
Thanks for clarifying your stance.
But let us not ASSUME that it is for the benefit of the employee.
The poor guy must have considered the notice period and accordingly with great persuasion must have got the joining date deferred by more than two months.
Whatever it is; let us not forget that he has complied with the policy.
Then should not your management (if they do not want to keep him any longer) ALSO COMPLY WITH THE POLICY, BY GIVING HIM A TWO MONTH"S NOTICE ???
Now, the question is, YOU DON'T WANT HIS PRESENCE AT ALL !!
Therefore, Should not you GIVE HIM TWO MONTHSNOTICE PAY and ask him to leave immediately !!In such situation, IT IS IRRELEVANT whether he has given any notice or not.
IF you take cognizance OF HIS NOTICE, then you should retain him for TWO MONTHS.
There is no HR knowledge involved here; it is just a matter of FAIRNESS and compliance with agreement. Please consult with any lawyer friend; if you find this incredible.
ELSE, What is the PURPOSE OF NOTICE by EITHER side ?? Let an Employee GIVE NOTICE and you TERMINATE HIS SERVICE IMMEDIATELY ?? Is it not ? I hope you understand what is implied here.
The fact that you had been on the receiving side on earlier occassions, does not change this. More the reason for you being more understanding. In any case, one should always keep on LEARNING new things/facts and GROWING; and that is the purpose of this site.
Warm regards.