Notice Period Dilemma: Can Employers Force Immediate Relieving Without Compensation?

Hello Respected Seniors,

My query is if an employee resigns and agrees to serve the desired notice period as mentioned in the appointment letter, can an organization actually waive the notice period and request the employee to leave immediately, thereby forcing their relieving without providing any compensation for the same?

Regards,
Harshdeep Singh

The notice period is applicable for both parties. If they are not willing to serve the notice period, they can compensate by paying the salary amount for that period. Forcing an employee to leave without giving them notice or compensating them is not legal.

Immediate Termination and Notice Period Policies

The employee can be asked to leave immediately without serving notice, and his/her relieving letter/dues can be withheld in case he/she commits any breach of the contract of employment or acts of misconduct such as business fraud, theft, leaking of confidential information, or damage to the property of the company.

Termination Due to Non-Performance or Absenteeism

In cases of termination due to non-performance or absenteeism, the company provides notice to the employee. The notice period is also applicable during the probation period, which is much shorter than the notice period after confirmation.

If my understanding is correct, then you have resigned by giving adequate notice and expressing willingness to work for the contracted notice period, and the company has decided to relieve you immediately. This is legal and is the usual practice.

Having resigned, the notice period to be served is determined by the employee, and the employer has the right to relieve the employee earlier. Similarly, when an 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 for the period actually worked in such cases.