Payment In Case Of Notice Period - Exception

Dear Friends,
I have one query related to notice period at the time of resignation. As per the clause if the organization wants to terminate the the employment has to give a 45 days notice or payment in lieu of and the same is applicable if the employee wants to resign.
Now, say one employee has resigned and has given 45 days notice to company but company doesn’t want him to be there for 45 days and wants to relieve him within 10 days of his resignation. In that case does the company need to pay him for rest 30 days as he was ready to serve the stipulated notice period but the company doesn’t want him and asked him to leave.
Pls let me know.
Regards,
Sweta

Hi,
If an employee is willing to serve the notice period and if the company is not willing to accommodate him inside the premises during post resignation period the there are two options atlest.
1. HR can provide paid leave to the employee during the notice period. In this case you can ask him to collect the relieving order once he completes the period of Notice.
2. You can provide the salary and revlieve the employee for the remaining period of notice.
Unless there is any disciplinary action taken against the employee you cannot deny this.
Regards
Vijayakumar

Hi Sweta..
Very true said by Vijaya..
Company must pay him the salary of Notice period as well as his Earned leave balance..
Regards,
Amit Seth.

Dear Vijay Kumar & Amit,
I have some questions on this -
Why compnay can't ignore it....it can waive the notice period right?
If we put that u need to serve a 45 days notice period unless company waives that ...then will there be any implications??
Pls let me know.
Regards,
Sweta

The employer is under no legal obligation to retain the employee for the entire notice period, once he or she has tendered the resignation. The employer can relieve the employee the very same day if they want, without having to pay any monetary compensation.
The employer MAY permit the employee to continue for the entire notice period, pay compensation if they ask the employee to leave forthwith, or grant him/her leave etc., but all these are purely discretionary. The employee, unfortunately, has no legal right to demand that the company retain him for the entire notice period, or pay salary for the notice period instead.

Dear Amit,
Please guide me what should be done in case the employee has been given one month notice by the company saying his services are not required by the company.Is it a must for the employee to serve one month notice??It happened in our org and the employee said that the notice is from your side and i need to look for job,give me pay for a month and i dont want to come for full month.I need help on this.
regards,
Anjali

Dear Anjali,
The company gives the Notice period to employee to search for a Job actually. And employees give notice period to look for another person and hand over the responsibilities..
So, definitely if company is giving him notice, then must give him time also to search for Job.. Mostly company pay 1 month salary in advance and tell them to leave the organisation...
Regards,
Amit Seth.

Dear Amit,
I need a slight clarification regarding the pay of the notic period.
We have a policy of notice period for one month and the pay day is 7th of everymonth i.e. we disburse the salary on 7th of everymonth for 1st-31st of the month.
I need following clarification:
What should be ideally the payment date if an employee has served one month notice period.
Should it be after 30 days or 45 days from the relieving date?
Then suppose if a person has put his paper on 14 August and his last working day is 13 Sep then should the salary from 1-13 of August be settled in the month of August and disbusred and from 14th Aug -13 Sep be disbursed on Oct 13

OR
should the salary from 1st Aug till 13 Sep disbursed on Oct 13. Is this process right or there are other alternative.
Please guide me ASAP.
Regards,
Anita

Dear Amit,
I need a slight clarification regarding the pay of the notic period.
We have a policy of notice period for one month and the pay day is 7th of everymonth i.e. we disburse the salary on 7th of everymonth for 1st-31st of the month.
I need following clarification:
What should be ideally the payment date if an employee has served one month notice period.
Should it be after 30 days or 45 days from the relieving date and settled in the full and final?
Then suppose if a person has put his paper on 14 August and his last working day is 13 Sep then should the salary from 1-13 of August be settled in the month of August and disbusred and from 14th Aug -13 Sep be disbursed on Oct 13 in the full and final settlement.

OR
should the salary from 1st Aug till 13 Sep disbursed on Oct 13. Is this process right or there are other alternative.
Please guide me ASAP.
Regards,
Anita

Hi!
Is it possible that the employer DOES NOT pay anything during the notice period? That is illegal right?