Can Employers Cut Short Notice Periods? Seeking Advice on Salary Entitlement

Dear Seniors, One of my friends has resigned during his probation period due to his immediate boss. He has served one month's notice as per the company's policy. However, before the notice period is over, he has been asked to leave by HR, stating, "We are relieving you earlier."

Query: Employer's Right During Notice Period

My query is: Can an employer ask an employee to leave during his notice period? If yes, should the employee be entitled to receive the salary for the remaining days? The HR executive of the company has verbally informed him not to continue his service.

Regards

The employer can relieve the employee early. This condition may be available in the appointment letter. Check the appointment letter.

Pon

The resigned employee is serving his notice period since it is a condition in his appointment letter, which was issued by the company. However, if the company wishes to relieve a resigned employee earlier, it can do so, but then payment has to be made for the entire notice period for which he was supposed/agreed to work (since he had already agreed to stay for that period, which would have been accepted/agreed by the company).

However, in a case where such an employee, during the notice period, resorts to poisoning the work atmosphere or indulges in malpractices, etc., the company may terminate him/her (only if it has strong evidence) and may not even be required to pay for the remaining period.

If the company is asking the resigned employee not to continue working in the notice period for the sake of its convenience, then it would have to pay for the remaining period as well. These details would be there in the appointment letter. Please go through it properly.

Cheers

Subject: Re: Resignation During Notice Period

Yes, the employer can also release you early. This is also mentioned in the appointment or contract letter.

Regards

Dear Reeta,

Basically, in the appointment letter, it has been clearly mentioned that if an employee leaves the organization of their own will, they have to serve a one-month notice period. Otherwise, in the case of company termination, the company shall be liable to pay an extra one month's salary to the employee. (This one-month notice pay clause in the appointment letter is essentially amended to fill the vacant position.)

In your case, as far as I know, if an employee leaves the company of their own will and serves the notice period as per the company's policy, it entirely depends on the company how early they ask the employee to leave.

Therefore, in this particular case, the employee shall not receive a salary for the remaining days of their notice period.

Regards,
Pushkar Bisht

Employer's Request for Resignation During Probation

In this case, the employer has asked him to resign because he had gone on leave (he had submitted a leave application but didn't receive approval). At the same time, one of their ex-employees approached the management for a job and was hired to replace him. It was just two months since he joined the organization. How can an employer judge the performance of an individual within two months?

I checked his appointment letter, which states, "In case you wish to resign during your probationary period, a notice of one month needs to be given to the company. If management terminates your services during the probation period, then it can do so."

When he resigned, he received an email from HR stating that his last working day would be 13th October 2011. However, a few days later, HR forced him not to continue his service from 29th September 2011. In this case, would he be entitled to receive a salary for the remaining days or not?

Regards

After reading the above scenario, the employer could not ask the employee to serve the notice period. This responsibility should be taken care of by the employee when asked to do so.

Therefore, the conclusion is that the employee may not receive his salary for the remaining days, nor can he claim or prove that the employer asked him to serve the notice period as no such clause is present in the appointment letter.

Regards,

In continuation of the above case, I would like to know that my friend resigned in the first week of September and has not received his Full and Final (F & F) settlement as of today. According to company policy, the F & F settlement should be completed within one month.

Employee Rights Regarding Full and Final Settlement

In this situation, does an employee have the right to complain against the employer if they do not receive their Full and Final settlement on time? This is a case where the employee was forced to resign.

Regards

Reeta, whether it is forced or voluntary, it is the primary responsibility of the employee to complete all the exit formalities, including obtaining a clearance certificate or a 'no due' certificate from all departments or divisions. Have they completed the formalities?

Pon