Double employement details during the n

You have posted that:

-----“ I wanted to know that if some X serves a notice period in a company for 1 month according to the appointment letter condition and the employer relieves X within 2 days of notice period then is the organisation liable to give the compensation till the notice period ends? “

You may go thru the standing orders of the company ( and if these are extended to the designation of employee), appointment letter/contract of employment and the language of clause on: Notice period/pay, in case of termination of employment by both employer and employee………………………….

The service conditions stated in standing orders can not be negated to employee. The service conditions stated in standing orders will prevail upon appointment letter.

If it is stated that either party can terminate the contract of employment by tendering notice of termination or notice pay in lieu of notice, then the matter concludes in line with bilateral agreement signed by both employer and employee.

 Another point is that notice of resignation can not be accepted before the expiry of notice period tendered by employee/effective date of resignation/date of retirement intimated by employee vide notice of resignation/retirement………………….

Thus employee can impress upon employer to let him serve the notice period and be eligible to earn salary for the full notice period/ or contest the acceptance…………

Supreme Court of India

Nand Keshwar Prasad vs Indian Farmers Fertilizers

11. After giving our careful consideration to the facts and circumstances of the case, it appears to us that the law is well settled by this Court in a number of decisions that unless controlled by condition of service or the statutory provisions, the retirement mentioned in the letter of resignation must take effect from the date mentioned therein and such date cannot be advanced by accepting the resignation from an earlier date when the employee concerned did not intend to retire from such earlier date. It has also been held by this Court that it is open to the employee concerned to withdraw letter of resignation before the same becomes effective.

-------“ the employer relieves X within 2 days of notice period ‘

If employer has relieved the employee by acceptance of resignation (in writing)  and proper relieving letter ( in writing) , the employer has thus ended the employer-employee relationship, and it ceases to exist from the close of office hours of date of relieving…………..

------“ if X gets employed within this span of time then can he/she still claim for the notice period amount”

As pointed out above employer should on its own tender the amount, and avoid the burden of litigation and its cost and consequences ………………..

------“ Now does this become a case of double employment?’

As pointed out above if employer has accepted the resignation and has relieved the employee the employer-employee relationship has ended, the individual ceases to be the employee and can firm up his next venture from start of the office hours from next day…………………..

It shall be appropriate to show all the relevant docs to a competent and experienced labor consultant/service lawyer, give inputs in person, let the merits be analyzed and proceed under the advice of the lawyer that has seen the docs and has analyzed the merits…………………

You may proceed as deemed fit at your end.

Valuable advice of learned experts/members is sought.

well elaborated by Mr Kumar Doab