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
From India, Chandigarh
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
From India, Chandigarh
The notice period is applicable for both parties. In case 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.
From India, Lucknow
From India, Lucknow
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.
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.
From India, Mumbai
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.
From India, Mumbai
If my understanding is correct, then you have resigned giving adequate notice and 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.
From India, Mumbai
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.
From India, Mumbai
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