My employer doesn't want any further service from an employee, so they sent him an email personally and asked him to treat the email as a notice period. The employee was also asked to serve one month before his relieving date. The employee served the one month, and payment was made up to his relieving date from the company. Now, the employee is insisting on one more month's salary, justifying that he is not leaving on his own. Is this correct or not? Please advise.
From India, Hyderabad
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From India, Hyderabad
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Understanding Notice Period Obligations
When there is a notice period of one month, irrespective of termination by the employer or the employee concerned, it means the employee is to serve one month after the notice of termination. The employee has served one month and has been paid; that is the end of it. The employee cannot ask for payment of one more month since the notice period is served and paid. If the employee was terminated finally without any notice period, then only payment for the notice period is contemplated. Otherwise, there is no provision to make additional payment.
From India, Mumbai
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1593When there is a notice period of one month, irrespective of termination by the employer or the employee concerned, it means the employee is to serve one month after the notice of termination. The employee has served one month and has been paid; that is the end of it. The employee cannot ask for payment of one more month since the notice period is served and paid. If the employee was terminated finally without any notice period, then only payment for the notice period is contemplated. Otherwise, there is no provision to make additional payment.
From India, Mumbai
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what is retrenchment Compensation? when it is payable at what rate ?
From India, Ahmedabad
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From India, Ahmedabad
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Understanding Retrenchment
Retrenchment is the termination of an employee by an employer for reasons other than disciplinary action. Employees terminated in such a manner are financially compensated by the employer. This kind of compensation is known as retrenchment compensation.
There must be a termination of the service of a workman. The termination must be by the employer, for any reason whatsoever, except for punishment inflicted by way of disciplinary action. The employee must be compensated with an amount equal to 15 days' annual wage for every completed year of continuous employment in the industry or any portion of it exceeding six months.
Exceptions to Retrenchment
However, the following are not covered within the meaning of retrenchment: voluntary retirement of a workman and retirement of workmen on reaching the age of superannuation.
Understanding Gratuity
Also, the Payment of Gratuity Act, 1972, states that an employee is eligible to receive gratuity only after he or she has worked with an organization for a minimum period of five years. The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation.
From India, Madras
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Retrenchment is the termination of an employee by an employer for reasons other than disciplinary action. Employees terminated in such a manner are financially compensated by the employer. This kind of compensation is known as retrenchment compensation.
There must be a termination of the service of a workman. The termination must be by the employer, for any reason whatsoever, except for punishment inflicted by way of disciplinary action. The employee must be compensated with an amount equal to 15 days' annual wage for every completed year of continuous employment in the industry or any portion of it exceeding six months.
Exceptions to Retrenchment
However, the following are not covered within the meaning of retrenchment: voluntary retirement of a workman and retirement of workmen on reaching the age of superannuation.
Understanding Gratuity
Also, the Payment of Gratuity Act, 1972, states that an employee is eligible to receive gratuity only after he or she has worked with an organization for a minimum period of five years. The employee stands to receive the gratuity amount on his or her superannuation, or at the time of retirement or resignation.
From India, Madras
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Separation and Legal Considerations
It appears from the original post that the concerned employee is not a workman as per the ID Act (if I am not mistaken). Any separation is painful. To avoid this, it is always better to negotiate with the employee. Instead of providing him with a one-month notice period as per service conditions, ask him to resign and pay the employee some extra (in this case, one month's notice period and one month extra) to make the separation painless as well as to make the case legally strong.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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It appears from the original post that the concerned employee is not a workman as per the ID Act (if I am not mistaken). Any separation is painful. To avoid this, it is always better to negotiate with the employee. Instead of providing him with a one-month notice period as per service conditions, ask him to resign and pay the employee some extra (in this case, one month's notice period and one month extra) to make the separation painless as well as to make the case legally strong.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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Notice of Employee Change.doc