Termination/ relieving employee earlier than notice period

Generically speaking: NO notice of resignation can not be accepted before expiry of notice period.

Similar query(ies) have been discussed many number of times at LCI and coresponding enactments, judgments have been shared.

Such threads can eb searched in 'Search'option.

You may post the exaarct of appointment letter on (all) Resignation, Termination, Notice Period/pay.................  

Originally posted by : Kalyan
	I am from IT company if an employee resigns and employer accepting the resignation and immediately/ after few days (lets say after serving 5 days of notice) relieving from the company by not allowing the employee to serve the required notice period. In such case does employer has to pay the remaining period salary as employer is relieving the employee in advance than as per his notice day. do we have any act onthis in indian law

Did you tender notice of resignation and mention notice period, LWD in IT?

Do you have its copy,acknowledgment,POD, acceptance in writing?

Generically speaking: The employer should offer notice pay (@notice pay higher of as in applicable enactments, service conditions, appointment letter) and it is discretion of employee to accept  (per applicable enactments, prcedences).

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



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


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

Has employer issued and supplied correct FnF statement, Form 16, service certificate,relieving letter,NOC/NDC, PF a/c statements of each year,ESIC card,etc etc 
 

Both options are with employee:

To ask to let serve full notice period. This avoids gap in service  also.

To demand Notice pay @ as in appointment letter apllicable to separattion initiated by employee or employer, applicable enactments..... 

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………