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vijayaprasad   18 January 2018

Legal rights of an employee on resignation and notice pay

Can an employer waive off the notice period and relieve the employee and avoid notice pay .  The background is

a) Resignation was tendendered by my friend on that ground that he is not happy with the profile given to him. 

b) After a relavent mail correspondnence with the management requesting to place him rightly , as there is no response from the office he tendered the resignation.

c) Resignation was tendered by mail , which  simply says that to initiate the relieving formalities  treating his  mail as official communication. 

d) As per the recent promotion and increment letter says that employee should plan their resignation if required towards the end of the academic year ,(  being the insitituion is educational ) and middle of the year resignations wont be accepted.  It also says that three months working notice is required to be served.

e)  Employee resigned thinking that he needs to serve the notice for three months in the month of Dec.2017.

f)  After taking a long gap of one month , in Jan employer says that he will be relieved immediatley and they will waive the notice as a special case , but will not pay notice salary.

With this decision employee needs to get relieved immediately and he did not plan for his next venture as resignation was not accepted all these days.

What is the employee right in this case either under LAbour act or under shops and establishment act. 

Can any one respond immeidatley.

 



Learning

 4 Replies

Kumar Doab (FIN)     18 January 2018

The said employee is a teacher or Non teaching staff?

IT is not clearly posted in your query.

Did the said employee mention clear notice period/LWD in resignation email?

Is this establishment covered by the Sops & Esbts Act of the state?

Is the employee covered by the def. of ‘Employee’ as in this Act?

Kumar Doab (FIN)     18 January 2018

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

Does offer/appointment letter/contract of employment state that notice pay in lieu of notice period is not accepted?

Which is fixed pay day? Has salary not been paid on pay day?

Has salary slip been issued and supplied?

What is monthly salary?

Has company issued any notice on closure of company?

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Kumar Doab (FIN)     18 January 2018

Generically Speaking;  The said employee may not approach wrong Forum of Labor court IF he/she is Teacher as Teachers are not covered by the def. of ‘Workman’  as in ID Act.

vijayaprasad   18 January 2018

The said employee is a Non teaching guy & is in the capacity of Sr.Admin.Manager & approximately 9 members are under his reporting.

The establishment is registered under shops and establishments act of the state.

Resignation was tendered  on Dec.10th  2017 , and oral acceptannce was communicated on 18th Jan.2018 .

He wanted to serve the three months notice as mentioned in his promotion letter of 2017 , as per the conditions applicable for a confirmed employee.

 

 

 

 

 


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