How Can We Release an Employee Early from a 3-Month Notice Period?

One of our employees gave a resignation letter on 5th November 2018. As per the appointment order, he has a 3-month notice period. However, he is a junior staff member and doesn't have a significant amount of work to hand over. Therefore, we are willing to release him early. What is the procedure for that?

Relieving an Employee: Key Considerations

What is the date that your employee has asked to be relieved from your services? If a specific date has been mentioned, you are bound to relieve him on or after the specified date. If the relieving date has been mentioned and you wish to relieve him prior to that, you will be required to pay him notice pay (as per the terms of appointment).

If the employee has not specified a relieving date, you can relieve him on a date of your choice by issuing him a relieving letter and service certificate along with full and final settlement.

Regards, Shailesh Parikh

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One of your junior employees has given resignation. His notice period is for three months. But has he asked for the reduction of the notice period? If not, then why do you wish to push him out early? While framing the terms of employment, you could have been thoughtful of the future scenario.

Now, suppose the employee has asked for a reduction in the notice period. Then tell the employee to submit the application asking for a waiver of a part of the notice period. Upon receipt of the application, get it approved by the approving authority and then send the reply to the employee, informing him that he can continue his duties until _____ (date) for handing over charge of his duties and disbursement of his payment.

Clarification Needed

The heading of your post includes the word "dispute," but the text of the post does not convey any dispute per se. Can you clarify on this?

Thanks,

Dinesh Divekar

Dear friend,

Though there is a stipulation in the contract of employment/appointment orders about a certain notice period before resignation, it is the management's discretion to insist on it or waive it whether or not there is a request from the employee. Therefore, you can accept the resignation forthwith and relieve the employee if no date is mentioned by him. If a date is mentioned, it should be exactly on the effective date specified by him.