Can The Employer Forego The Notice Period And Force Relieving?

harshy07
Hello Respected Seniors
My query is that in case an employee resigns & agrees to serve the desired notice period by the organisation which ie mentioned in the appointment letter, can an organisation actually forego the same & ask the employee to leave immediately & force his/her relieving, without paying him/her any compensation for the same.
Regards
Harshdeep Singh
couvery
The notice period is applicable for the both parties and in case they are not willing to serve notice period they compensate it by paying the salary amount for that period. Forcing to leave an employee without giving them notice or without compensating is not legal.
HRDMumbai2012
The employee can be asked to leave immediately without serving notice and his / her relieving letter / dues can be withheld in case if he /she commits any breach of contract of employment/ act of misconduct such as business fraud,theft,leaking of confidential information,damage to the property of the company.
In cases of termination on account of non performance,absenteeism,notice is given by the company to the employee. Notice period is also applicable during the probation period which is much less than the notice period after confirmation.
ajay_s_kini
If my understanding is correct, then you have resigned giving adequate notice and willingness to work for the contracted notice period and Company has decided to relieve you immediately.
This is legal and is the usual practice. Having resigned the notice period to served is by the employee and the employer has the right to relieve the employee earlier. Similarly, where Employer gives notice discontinuing an employee's employment it is legal for the employee to leave earlier than the notified date. The notice pay is applicable only to period actually worked in such cases.
charlot
Dear All
Greetings for the day.
Is there any body who is working a Steel Melting Plant, I need some help in this regard. Please inform me and my contact details are mentioned below
Uday Kumar
8805017481
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