Employee does not serve the notice period

credit side: 18 days salary you have to pay as that is his period before he put down his papers. deductions: difference in notice period = 16 days. now the tricky part in your case is that you relieved him on the same day without any documentation. he cannot discharge his duties unless you allow access to office. effectively you prevented him from working. section 53 of Indian Contract Act comes into play and the covenant becomes voidable at his option and he is entitled for loss caused to him (at least for 14 days). I would advise you to pay his legitimate dues, give experience certificate and close this matter amicably.

The ID Act does not specify the notice period as responsibility of employee.

You have pressed notice period of 30 days.

You have prevented him to perfrom his duty.

You need to tender earned wages till last working day and notice period/pay for 30days (18+30=48 days), acknowledgment of notice of resignation and  acceptance of resignation, correct  FnF statement showing earned wages/leave encashment/bonus/OT/reimbursments etc and notice pay, payment of FnF dues, salary slips of all months, service certificate, relieving letter,PF a/c slips of all months, ESIC card, handover of charge, NOC/NDC etc ...............

 

 

Avoid inserting any adverse/negative remarks in personnel file or service certificate, relieving letter and rather post good comments and close the matter.

Clear in BGV/reference check and clear off the matter.

 

Thanks for the help! :)

You are welcome.

 

 

Member @ Atulit,

You are simply advertising in the threads and not participating and contributing in the discussions.