Dear Friends
As per our HR policy one month's notice or one month's salary is necessary for resignation or withdrawal.As per the policy one of our employee has been given one month notice for withdrawal.Now he is demanding not to attend the office and also claiming extra one month's salary.He has been served in our company about 4 years.Due to present crisis in our company,the management has decided to take such type of steps.Kindly suggest.
Regards
Amarjit
From India, Calcutta
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1As per our HR policy one month's notice or one month's salary is necessary for resignation or withdrawal.As per the policy one of our employee has been given one month notice for withdrawal.Now he is demanding not to attend the office and also claiming extra one month's salary.He has been served in our company about 4 years.Due to present crisis in our company,the management has decided to take such type of steps.Kindly suggest.
Regards
Amarjit
From India, Calcutta
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As he is in the notice period, he has to serve the one-month notice period, and the company is going to pay that month's salary along with his F & F. Therefore, he has to attend the office regularly during his notice period and cannot demand an extra month's salary even though he has completed four years.
From India, Pune
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From India, Pune
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An employee can not take leave during notice period. if an employee is on leave during notice period then it will be counted as loss of pay.
From India, Kochi
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From India, Kochi
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My dear friend Amarjit, Have your company mentioned the notice period clause in his appointment letter ?
From India, Gandhinagar
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From India, Gandhinagar
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Dear Amarjit,
The employee who is going to quit the company and serve notice period is liable to receive a full month's salary for that particular month. It is important that the employee in the notice period should not have to take their leave, except emergency leave (EL). The remaining emergency leave can be utilized to work fewer days by using the emergency leave (EL).
If an employee requests to waive off their notice period, then it is at the discretion of the employer whether they allow the employee to not serve the notice period and simply quit the company. This is only possible based on the goodwill of the employer.
Thanks & Best Regards,
VIKAS
From India, Hyderabad
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The employee who is going to quit the company and serve notice period is liable to receive a full month's salary for that particular month. It is important that the employee in the notice period should not have to take their leave, except emergency leave (EL). The remaining emergency leave can be utilized to work fewer days by using the emergency leave (EL).
If an employee requests to waive off their notice period, then it is at the discretion of the employer whether they allow the employee to not serve the notice period and simply quit the company. This is only possible based on the goodwill of the employer.
Thanks & Best Regards,
VIKAS
From India, Hyderabad
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Hello Amarjit,
Please elaborate on the 'definition' of 'withdrawal' in your HR policies. A lot regarding the options open to you depends on this. Prima facie, what you mentioned looks like the employee has been 'retrenched/laid-off' and it doesn't look like a 'resignation' -- both are different.
Also, as Bhavik Gajjar mentioned, please confirm what has been stated in the Appointment Letter. The options open to the employee depend on this factor -- so in a way, your hands could be tied based on this aspect.
Regards,
TS
From India, Hyderabad
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Please elaborate on the 'definition' of 'withdrawal' in your HR policies. A lot regarding the options open to you depends on this. Prima facie, what you mentioned looks like the employee has been 'retrenched/laid-off' and it doesn't look like a 'resignation' -- both are different.
Also, as Bhavik Gajjar mentioned, please confirm what has been stated in the Appointment Letter. The options open to the employee depend on this factor -- so in a way, your hands could be tied based on this aspect.
Regards,
TS
From India, Hyderabad
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What if an employer has 45 days' leave to his credit and intends to leave the job? Can he use those 45 days as part of one month's notice period since he legally has accumulated 45 days for having worked in the organization?
Also, let me know the reason for keeping a limit on the leave we can accumulate. Recently, my company deducted my excess leave, stating I can't accumulate leave for more than 45 days. Consequently, they deducted the excess leave during the year-end, mentioning that I had not claimed leave encashment on time. Shouldn't it be the company's duty to reward an employee for taking lesser leave?
Thanks and regards,
Srini
From India, Mumbai
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Also, let me know the reason for keeping a limit on the leave we can accumulate. Recently, my company deducted my excess leave, stating I can't accumulate leave for more than 45 days. Consequently, they deducted the excess leave during the year-end, mentioning that I had not claimed leave encashment on time. Shouldn't it be the company's duty to reward an employee for taking lesser leave?
Thanks and regards,
Srini
From India, Mumbai
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What if an employer has 45 days of leave to his credit and intends to leave the job? Can he use that 45 days as part of one month's notice period since he has legally accrued 45 days for having worked in the organization?
Also, let me know the reason for keeping a limit on the leave we can accumulate. Recently, my company deducted my excess leave, stating that I can't accumulate leave for more than 45 days and hence deducted the excess leave during the year-end, saying I had not claimed leave encashment on time. Is it not the company's duty to reward an employee for taking lesser leave?
Thanks and regards,
Srini
From India, Mumbai
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Also, let me know the reason for keeping a limit on the leave we can accumulate. Recently, my company deducted my excess leave, stating that I can't accumulate leave for more than 45 days and hence deducted the excess leave during the year-end, saying I had not claimed leave encashment on time. Is it not the company's duty to reward an employee for taking lesser leave?
Thanks and regards,
Srini
From India, Mumbai
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Only Mr. Tajsateesh understands the matter, that the company has forced employees to resign from the job. In that case, the company has to provide one salary or compensation as per the ID Act. He is entitled to compensation, gratuity, etc.
Regards,
Shish Uniyal
From India, New Delhi
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Regards,
Shish Uniyal
From India, New Delhi
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Hi Amarjit,
That's true. First, you need to read the terms and conditions of your appointment letter. If your notice period is one month, then you can't demand any money for an extra month. Either you serve the one-month notice period, or if the employer wants to relieve you before the completion of the notice period by paying in lieu of the notice period.
From India, New Delhi
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That's true. First, you need to read the terms and conditions of your appointment letter. If your notice period is one month, then you can't demand any money for an extra month. Either you serve the one-month notice period, or if the employer wants to relieve you before the completion of the notice period by paying in lieu of the notice period.
From India, New Delhi
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Dear Srini,
If the leave policy of your organization, as mentioned in your appointment/offer letter, clearly states that you must take your leave within the stipulated time period, failure to do so will result in such leave lapsing each year. Some organizations have policies where certain types of leave lapse if not taken within a specific time frame, whether quarterly, half-yearly, or yearly. Only emergency leave can be encashed during the notice period. If you decide to resign from the organization and wish to take leave during the notice period, you are allowed to take sick leave (SL) only. Casual leave (CL) lapses during the notice period. To date, very few organizations provide rewards to employees who have taken fewer leaves. HR policies can vary from one organization to another, so it is advisable to consult your HR department to obtain the most accurate and up-to-date HR policy of your organization.
Thanks & Best Regards,
VIKAS
From India, Hyderabad
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If the leave policy of your organization, as mentioned in your appointment/offer letter, clearly states that you must take your leave within the stipulated time period, failure to do so will result in such leave lapsing each year. Some organizations have policies where certain types of leave lapse if not taken within a specific time frame, whether quarterly, half-yearly, or yearly. Only emergency leave can be encashed during the notice period. If you decide to resign from the organization and wish to take leave during the notice period, you are allowed to take sick leave (SL) only. Casual leave (CL) lapses during the notice period. To date, very few organizations provide rewards to employees who have taken fewer leaves. HR policies can vary from one organization to another, so it is advisable to consult your HR department to obtain the most accurate and up-to-date HR policy of your organization.
Thanks & Best Regards,
VIKAS
From India, Hyderabad
Acknowledge(0)Amend(0)- Your query is not very clear. What I am assuming is : you want to remove a 4 year old employee, due to financial problems faced by your company. You want to terminate the services of the employee since he has become unaffordable to you and you want to terminate him with the help of termination clause in the appointment letter.
- As per terms of appointment, you need to give one month notice or one month salary as a notice pay. As stated by you, termination notice is already served by you and employee is supposed to work with you for further period of one month. But employee either wants to be relieved earlier or he is not interested in serving notice period.
- Under the circumstances one option is: since you want to get rid of an employee due to financial reasons, I am assuming that, you also do not have enough work to offer to that particular employee. If you have no work to offer to him and employee wants to get relieved earlier, wave off notice period and relieve him. You will also save some money. (Pl. understand here that, you have offered him notice period but employee doesn't want to serve notice period and you are waving notice period on his request.)
- In case there is enough work and you want him to serve notice period, insist on serving notice period.
- On second thought why are you terminating employee ? Why are you attaching stigma of termination in his career and resume ? Instead take him in confidence, discuss the situation with him and persuade him to resign.
From India, Pune
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Notice of Employee Change.doc