Dear Sharath,
You can withdraw your resignation before 18th Dec'10, acceptance of your resignation before due date is illegal, and further you have just given notice which can not be treated as your resignation. can you mail me your notice @
you can certainly claim for compensation.
with regard
Mukesh Tripathi
From India, New Delhi
You can withdraw your resignation before 18th Dec'10, acceptance of your resignation before due date is illegal, and further you have just given notice which can not be treated as your resignation. can you mail me your notice @
you can certainly claim for compensation.
with regard
Mukesh Tripathi
From India, New Delhi
I agree that following the Court verdict stated in reference there should be a consensus that an employee who has put resignation with a notice period if asked to leave before the effective date shall have to be paid compensation in lieu of notice period remaining. I do not know if there is any verdict exclusive for the present condition but if you go through the verdicts wherein the Court has observed that resignation shall be withdrawn before the date become effective, there is nothing wrong in interpreting that if the employer advances relieving date of an employee he should be given notice pay.
We bless Sharat all the best.
Regards,
Madhu.T.K
From India, Kannur
4193We bless Sharat all the best.
Regards,
Madhu.T.K
From India, Kannur
this is really a good topic and very observatory, analytical, informative.
As observed by the Apex Court in number of judgment mentioned by Madhu it is clear that an employee can withdraw his resignation before the date it became effective. mean it will be the last day for employee employer relationship. or on that day this relationship will come to end.
it is rightly pointed out that after resignation if employer relieved very next day then in that case the employee will losse his 3/2/1 months salary and became unemployed between the period of joining new prospective employer and date of relieving. and end of employee employer relationship with immediate effect.
the employee has given only the notice of termination of agreement of services not actually terminated the agreement. but by relieving earlier by employer before the expiry of notice period, it operate as a termination of agreement . in that case employer should pay the amount of short of completing notice period and compensation from their side.
As observed by the Apex Court in number of judgment mentioned by Madhu it is clear that an employee can withdraw his resignation before the date it became effective. mean it will be the last day for employee employer relationship. or on that day this relationship will come to end.
it is rightly pointed out that after resignation if employer relieved very next day then in that case the employee will losse his 3/2/1 months salary and became unemployed between the period of joining new prospective employer and date of relieving. and end of employee employer relationship with immediate effect.
the employee has given only the notice of termination of agreement of services not actually terminated the agreement. but by relieving earlier by employer before the expiry of notice period, it operate as a termination of agreement . in that case employer should pay the amount of short of completing notice period and compensation from their side.
Dear Friends,
Please let me know that-If a company /organisation is not paying the salary from last 3-4 months and one has get the opprtunity in other company,in this case the employee has to pay one month salary as a notice period?
I heard that labour court / supreme court diretions are that there is no need to give one month notice in such condotion.
please help me.
From India, Mumbai
Please let me know that-If a company /organisation is not paying the salary from last 3-4 months and one has get the opprtunity in other company,in this case the employee has to pay one month salary as a notice period?
I heard that labour court / supreme court diretions are that there is no need to give one month notice in such condotion.
please help me.
From India, Mumbai
1.Employment being a Contract of Service between the Employer and Employee, the pay, service benefits including severance of service such as resignation, termination and Notice pay will be either in the Appointment Letter or in the Company’s Standing Orders.
2. Period of Notice and Notice Pay thereof are consequent to termination by the employer as well as consequent to resignation by the employee will be regulated as per the provisions stated under para (1) above.
3. In case the Period of Notice and Notice Pay, as regards termination versus resignation, both must be equally poised. Whereas any agreement to the effect that the Period of Notice and Notice Pay thereof as regards the employee is more than that of the employer, the same being in violation of equity and equality would be declared as void by courts.
4. However, there can be lesser Notice period and notice pay thereof as regards the employee, as it would come under ‘remission’ by the employer.
5. In case of termination by the employer, it would be advisable and legally prudent to issue the termination order / letter together with the Notice pay(90 / 60/ 30 days as the case may be as per the conditions mentioned under para 1 above.) constituting Basic pay plus DA, wherever applicable.
6. In case however, an imprudent employer still retains and employee after issue of termination order either until the expiry of the entire Notice Period of lesser period with due pro-rata Notice pay, though it would be legally defensible, the employer will only be earning disruptive tactics by the terminated employee to the detriment of the organisation and especially to the boss.
7. As regards, the resignation of employees are concerned, the resignation can be withdrawn before the expiry of Notice Period or in other words, resignation cannot be accepted prior to the expiry of the Notice Period, as the law allows withdrawal of resignation before the expiry of Notice Period.
8. However, such withdrawals must be before the acceptance of the employees resignation subject to the condition that the resignation will take effect only in accordance with the notice period as indicated in the resignation letter of the employee , which is also in accordance with the initial contract of employment.
9. Early acceptance of the resignation by the competent authority subject to the conditions stated under para 8 above, therefore cannot be vitiated. In other words, if the acceptance of the resignation is to take effect wef. any date prior to that the date of expiry of the Notice Period, the same being vitiated by non- acceptance of the offer to resign, such acceptance of resignation is void and hence the employee will be deemed to be in employment.
10. As regards the question of waiving the notice period by the resigning employee and the concomitant notice pay, the employer is at full liberty to waive the same and release the employee provided no fresh request for withdrawal of resignation has come to the hands of the employer.
A.Irudayam
Advocate – High Court Madras
9940686632
From India, Madras
2. Period of Notice and Notice Pay thereof are consequent to termination by the employer as well as consequent to resignation by the employee will be regulated as per the provisions stated under para (1) above.
3. In case the Period of Notice and Notice Pay, as regards termination versus resignation, both must be equally poised. Whereas any agreement to the effect that the Period of Notice and Notice Pay thereof as regards the employee is more than that of the employer, the same being in violation of equity and equality would be declared as void by courts.
4. However, there can be lesser Notice period and notice pay thereof as regards the employee, as it would come under ‘remission’ by the employer.
5. In case of termination by the employer, it would be advisable and legally prudent to issue the termination order / letter together with the Notice pay(90 / 60/ 30 days as the case may be as per the conditions mentioned under para 1 above.) constituting Basic pay plus DA, wherever applicable.
6. In case however, an imprudent employer still retains and employee after issue of termination order either until the expiry of the entire Notice Period of lesser period with due pro-rata Notice pay, though it would be legally defensible, the employer will only be earning disruptive tactics by the terminated employee to the detriment of the organisation and especially to the boss.
7. As regards, the resignation of employees are concerned, the resignation can be withdrawn before the expiry of Notice Period or in other words, resignation cannot be accepted prior to the expiry of the Notice Period, as the law allows withdrawal of resignation before the expiry of Notice Period.
8. However, such withdrawals must be before the acceptance of the employees resignation subject to the condition that the resignation will take effect only in accordance with the notice period as indicated in the resignation letter of the employee , which is also in accordance with the initial contract of employment.
9. Early acceptance of the resignation by the competent authority subject to the conditions stated under para 8 above, therefore cannot be vitiated. In other words, if the acceptance of the resignation is to take effect wef. any date prior to that the date of expiry of the Notice Period, the same being vitiated by non- acceptance of the offer to resign, such acceptance of resignation is void and hence the employee will be deemed to be in employment.
10. As regards the question of waiving the notice period by the resigning employee and the concomitant notice pay, the employer is at full liberty to waive the same and release the employee provided no fresh request for withdrawal of resignation has come to the hands of the employer.
A.Irudayam
Advocate – High Court Madras
9940686632
From India, Madras
Hi My name is Nagaraj and i am having 3 months notice period and employer asking me to pay 3 months gross salary for not servicing period. please send labour act and how much i need to pay. if my employer does not accept basic pay, then what steps i need to take
From India, Bangalore
From India, Bangalore
Hi Everyone,
I am quitting my current Org and joining another. I am buying out my 2 months notice period as i cannot service it. I approached my Manager about the amount and he gave an indicative amount 40k-50k.
Now,I would like to let know that my basic salary is 11,799.00. I feel this is too much as I am in an understanding that only basic salary is what taken into account to calculate the Buyout amount.
Please help.
From India, Bengaluru
I am quitting my current Org and joining another. I am buying out my 2 months notice period as i cannot service it. I approached my Manager about the amount and he gave an indicative amount 40k-50k.
Now,I would like to let know that my basic salary is 11,799.00. I feel this is too much as I am in an understanding that only basic salary is what taken into account to calculate the Buyout amount.
Please help.
From India, Bengaluru
Had you served the notice period, the company would have paid you the entire salary and not just basic. Since, you are not serving the notice period, you need to pay the entire amount that you would have received from the company had you not resigned, which is your monthly gross. There should not be any confusion on this.
From India, Mumbai
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
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