Immediate Relieving Without Notice Period: What Are the Risks for the Organization?

Immediate Relieving without Notice Period - What Is The Liability On The Organisation?

---

Immediate relieving without a notice period raises concerns regarding the liability on the organization.

If the employee exercises the option of resignation with effect from a future date by serving the entire notice period, the employer cannot relieve him immediately as it amounts to a counter-offer that requires the acceptance of the employee. If the employer still chooses to relieve him immediately, he can do so only by paying the notice salary to the employee.

The term 'notice period' is nothing more than a condition for the employer. This is a tool that is used for retrenchment, and the number of days of notice is determined by the size of employment in the establishment, varying from a minimum of 30 days to 90 days. Furthermore, this is to discourage immediate exits and provide time to arrange for a substitution. If management decides to go immediately, they have to pay a compensatory amount as notice. HR can waive the notice period if they manage to obtain the consent of the employee in writing.

Notice periods for both employees and employers should be the same. The company is expected to honor its part of the contract. A 3-month notice period means the company has to provide three months' notice or pay in lieu if explicitly stated in the job offer or if the employee agrees to accept payment in lieu of notice. Essentially, whatever is outlined in the job offer is applicable.