I would like to seek your valuable advice regarding the notice period. An employee has misbehaved with their reporting manager. Another employee has submitted her resignation, stating that she will serve a one-month notice period. However, the reporting manager wishes to relieve the employee immediately. Is this legally possible?
Your guidance on this matter would be greatly appreciated.
Regards,
Sudhakar
From India, Bangalore
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Your guidance on this matter would be greatly appreciated.
Regards,
Sudhakar
From India, Bangalore
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Dear Sudhakar, this is a tricky question. If the employee is ready to serve the notice period, and the company wants to relieve the employee immediately, this has two answers:
1. Yes, you can relieve him immediately as waiving off the notice period is the management's prerogative, if and only if the employee has asked for an immediate relieving.
2. If the employee has not asked for an immediate relieving, then the company relieving him on an immediate basis, without compensating the notice period, will raise another issue with the outgoing employee. Therefore, it is advisable to compensate the balance days with salary and then relieve them.
Legally, there is no problem to relieve the employee by reducing the notice period.
Regards, Ashutosh Thakre
From India, Mumbai
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2741. Yes, you can relieve him immediately as waiving off the notice period is the management's prerogative, if and only if the employee has asked for an immediate relieving.
2. If the employee has not asked for an immediate relieving, then the company relieving him on an immediate basis, without compensating the notice period, will raise another issue with the outgoing employee. Therefore, it is advisable to compensate the balance days with salary and then relieve them.
Legally, there is no problem to relieve the employee by reducing the notice period.
Regards, Ashutosh Thakre
From India, Mumbai
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Dear Mr. Ashutosh,
This is a tricky question. If the employee is ready to serve the notice period, and the company wants to relieve the employee immediately, this has two answers:
1. Yes, you can relieve him immediately as waiving off the notice period is the management's prerogative, if and only if the employee has asked for an immediate relieving.
2. If the employee has not asked for an immediate relieving, then the company relieving him on an immediate basis without compensating the notice period will raise another issue with the outgoing employee. Therefore, it is advisable to compensate the balance days with salary and then relieve them.
Legally, there is no problem to relieve the employee by reducing the notice period.
Regards,
Ashutosh Thakre
Dear Mr. Ashutosh,
Thanks for your prompt reply and advice. Kindly note that the employee would like to serve the notice period but his reporting manager would like to relieve her with immediate effect.
Can we relieve him without paying the notice period, or is there any legal complication?
Regards,
Sudhakar
From India, Bangalore
Acknowledge(0)Amend(0)
This is a tricky question. If the employee is ready to serve the notice period, and the company wants to relieve the employee immediately, this has two answers:
1. Yes, you can relieve him immediately as waiving off the notice period is the management's prerogative, if and only if the employee has asked for an immediate relieving.
2. If the employee has not asked for an immediate relieving, then the company relieving him on an immediate basis without compensating the notice period will raise another issue with the outgoing employee. Therefore, it is advisable to compensate the balance days with salary and then relieve them.
Legally, there is no problem to relieve the employee by reducing the notice period.
Regards,
Ashutosh Thakre
Dear Mr. Ashutosh,
Thanks for your prompt reply and advice. Kindly note that the employee would like to serve the notice period but his reporting manager would like to relieve her with immediate effect.
Can we relieve him without paying the notice period, or is there any legal complication?
Regards,
Sudhakar
From India, Bangalore
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Legally, there is no problem. You can relieve the employee without paying any notice period compensation, but this would not follow natural justice. The outgoing employee is your biggest brand ambassador. Therefore, though legally there will be no problem, the person will never speak well of the company to anyone outside.
Regards,
Ashutosh Thakre
From India, Mumbai
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Regards,
Ashutosh Thakre
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
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