Kalyan Mitra
6

Dear All,
If the employee is quiting at the instance of the Company then the Company may not retain him for 45 days and the Company as a good gesture should pay him the salary for the notice period. However, if the employee has been asked to leave for misconduct/fraudulent activities the Company has every right to decline to pay the salary for the notice period. If an employee has tendered his resignation under such circumstances Company may decline to pay the notice period salary and ask him to go before expiry of notice period. The employee cannot do anything if such a situation arises but he can take the employer to court if his appointment letter states 45 days notice from both sides required in case of resignation / retrenchment.

From India, Calcutta
Rahul_ks
1

Hi,
My friend resigned on 10 Feb 2010 and was suppose to serve a months notice period till 9 Mar 2010.
But his employer asked him to leave within 5 days i.e on 15 Feb 2010.
a) In this case will the employer need to pay for the remaining notice period i.e till 9 Mar 2010.
b) What will be the last working day for my friend on the relieving letter, will it be 15 Feb 2010 or will it be 9 Mar 2010.
Please can anyone help me on this.
Regards,
Rahul

From India, Mumbai
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