Hi all,
I am currently facing a situation in which an employee who has been with the company for the last 3 years has resigned. The manager had a detailed discussion with him and then accepted his resignation. We have a 2-month notice period, and the employee has completed one month. However, we have now come to know that he has been unnecessarily talking to his team members and creating negativity within the team. We are not sure what the issue is with him as he already has an offer, and it was his decision to resign.
Now, the manager wants to waive off the remaining notice period to avoid unnecessary issues within the team. My question is, can we waive off the remaining notice period of an employee even if he is willing to serve the entire notice period? Also, will we be required to pay him the remaining one month's notice pay? Kindly suggest what the right approach is to tackle this situation.
From India, Jaipur
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1I am currently facing a situation in which an employee who has been with the company for the last 3 years has resigned. The manager had a detailed discussion with him and then accepted his resignation. We have a 2-month notice period, and the employee has completed one month. However, we have now come to know that he has been unnecessarily talking to his team members and creating negativity within the team. We are not sure what the issue is with him as he already has an offer, and it was his decision to resign.
Now, the manager wants to waive off the remaining notice period to avoid unnecessary issues within the team. My question is, can we waive off the remaining notice period of an employee even if he is willing to serve the entire notice period? Also, will we be required to pay him the remaining one month's notice pay? Kindly suggest what the right approach is to tackle this situation.
From India, Jaipur
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Dear friend,
A waiver is the demonstration of the relinquishment of a party's legal right or claim. In the realm of employment, a waiver of the notice period is, in general, a matter of the discretion of the employer. The move should be on the voluntary initiative of the employer or as a response to the resigning employee's offer to buy out the notice period or request a waiver of the same while accepting his resignation.
In your case, the resignation stands already accepted subject to the condition of the employee serving the entire notice period. During this phase, you need the early exit of the resignee for some obvious reasons. Therefore, it is not a matter of waiving the notice period but a fresh offer from the employer's side that requires the acceptance of the resigning employee concerned. You can relieve him forthwith by paying the salary for the pending notice period.
From India, Salem
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A waiver is the demonstration of the relinquishment of a party's legal right or claim. In the realm of employment, a waiver of the notice period is, in general, a matter of the discretion of the employer. The move should be on the voluntary initiative of the employer or as a response to the resigning employee's offer to buy out the notice period or request a waiver of the same while accepting his resignation.
In your case, the resignation stands already accepted subject to the condition of the employee serving the entire notice period. During this phase, you need the early exit of the resignee for some obvious reasons. Therefore, it is not a matter of waiving the notice period but a fresh offer from the employer's side that requires the acceptance of the resigning employee concerned. You can relieve him forthwith by paying the salary for the pending notice period.
From India, Salem
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Withdrawl of Resignation and Notice period.doc
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