Normally, termination of employment can take place under three circumstances - (1) At the option of the employee like resignation (2) By the employer exercising the options of discharge simpliciter or retrenchment or dismissal on charges of miscondut and (3)By the operation of the provisions relating to the termination of the contract of employment like attainment of the age of superannuation by the employee or the expiry of the predetermined period of contract. However, the necessity of giving notice of termination or payment of notice salary in lieu thereof as stipulated in the contract of employment arises only in the case of resignation and discharge simpliciter and retrenchment. Resignation by the employee will take effect only when it is accepted by the employer subject to fulfillment of notice conditions. Discharge and retrenchment would be legal only with the compliance of the precidental conditions of notice and compensation.
Coming to the facts of the original post in the thread, the resignation of the employee was not accepted by the Management and in stead he was asked to report for duty. On his failure, the Management terminated his services on the presumption of abandonment of services. Therefore it is a punitive termination or dismissal at the option of the employer and as such, in my opinion, the notice period obligation of the delinquent employee pales into insignificance in the light of the punitive termination effected by the employer at his option and his demand for payment of notice salary is unsustainable.
From India, Salem
6016Coming to the facts of the original post in the thread, the resignation of the employee was not accepted by the Management and in stead he was asked to report for duty. On his failure, the Management terminated his services on the presumption of abandonment of services. Therefore it is a punitive termination or dismissal at the option of the employer and as such, in my opinion, the notice period obligation of the delinquent employee pales into insignificance in the light of the punitive termination effected by the employer at his option and his demand for payment of notice salary is unsustainable.
From India, Salem
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Employee Appraisal Form new.doc