pon1965
604

Ramneet, You will get response only if you post your query in new thread. The subject under discussion is altogether different and you are interfering.
From India, Lucknow
krmrao
22

Hi ramneet

If an employee meet with an accident during his duty, immediately you have to report to the Factory Inspector if your is an industry.

File a accident report with the Local office of ESI if your organisation is covered under ESI Act. and make the employee join in a ESI hospital. The ESI doctor will prescribe him bed rest if at all needed. The ESI office will take care of payment of wages for the priscribed bed rest period there is no need for you to make any payment. The days of bed rest will be treated as sick leaves with out any pay by the employer if at you are covered under ESI or else the employer had to give him sick leave with wages as he met accident during his service Hrs. and also medical expenses to born by the employer till get cured and get normal.

If the organisation cover the employee under group insurence scheme then you have report the accident to the insurence co. and get the employee joined in a hospital which is in the panal list with the insurence co. The insurence co. will take care of all wages as well as the medical expenses.

Mohan Rao

Manager HR

From India, Visakhapatnam
ubmba06
Notice period of the employer and the employee must be equal. If the employer gave 1 month notice while joining, the employee must give 1 month notice at his resignation. This is as per the law.
My opinion for you is to pay the salary in lieu of notice. So that, the employee cannot claim any amount in future and legally you are safe.
If you avoid to give notice period or salary inlieu for the same, you should face the future consequences.
Upendra

From India, Madras
nipuna
72

Hi,
I agree with Avika. if the employee have served the resignation by own, then the company have the liberty to waive off the notice period and can relieve the employee any time when the management want. and the company is also not liable to pay the amout of notice period.

From India, Delhi
Raghunath1
Dear Mohikhan,
I feel the the employee can ask for one month pay, if he is releived immediately. Had he know of such thing, then he would have told his new employer, that he can join Immediately, without lossing one month pay
Let us look from other angle, had the concern employee resigned with one day notice, wouldn't you had recovered one month pay.
This one month one clause is both binding on employer as well as employee. it cannot be discriatonary.
Thanks
Regards
Raghunath

From India, Mumbai
kingarsal
Hi,
You need to check your appointment letter with regards to the termination of employment by the employer & Employee, In your case although the employee has put down his papers and wants to serve notice period, the employer wants to terminate the service with immediate effect The employer is liable to pay the basic component of his CTC if mentioned in the clause, if not the entire salary for the month. On the other hand if it says under the discretion of the management the employment can be terminated you need not Pay the Notice Pay.
Regards,
Karthik.I

From China, Beijing
vincentnp
Letter of appointment is the contractual document between the employee and the employer. What is stated in the letter of appointment has to be abided by both the parties. In this particular case the employer has found the continuance of the employee in service after resignation as not in the interests of the organisation. It is a notion and may be difficult to prove. To avoid complications it is preferred that the employee is relieved immediately with the notice pay.

Vasudev7000
3

Dear ,
As per the contract of employment offer of resignation is made by the employee which is accepted by the employer. Since the employee has joined its competitor company, the management feels that the employee may divulge all the information to its competitor company and therefore are relieving him with immediate effect to avoid such damages to their company. They need not pay for any notice period in this case.

From India, Mumbai
Sai Nandan Bohare
2

Dear,
As malik ji has explained if in app Letter if one month notice period is there then you have to pay him, you can talk to him & take in writing that he is agreeing to leave his notice period after resignation as agreed between company & him then you can relive him on day one otherwise yu have to pay him. also if he is not willing to listen to company then give him task which are not of his designation. donot allow him access to compan's sytem or anything which he can take away without your knowledge
for Further queries you can mail me at email "snbhrs@gmail.com"
rgds
snb

From India, Bhopal
Vasant Nair
90

The employee has resigned as and as per terms of his appointment he has given to his present employer one month's notice i.e. he has clearly expressed his desire and willingness to honour the terms of his appointment and work during the one month's notice period he is obliged to give to his current employer.
The employer has chosen to relieve him w.i.e. Under the circusmtances the employer is legally and morally obliged to pay the the employee one month's salary in lieu of the notice period which the employer has decided to cut short.
Best Wishes,
Vasant Nair
HR Advisor
09717726667

From India, Mumbai
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