Legal Question in Employment Law in India

Kindly note that one of employee had submitted his resignation from company on 9th Jan'13 and was ready to serve the notice period of 3 months. Accordingly he had requested to release me on 8th April'13. But, suddenly, on 31st Jan'13, we ahve told not to attend duty wef 4th Feb'13 .Also we have a sent a mail to him also in this regard. Accordingly the employee was not allowed to resume to my duty after 2nd Feb'13.

So, it is quite clear that he was not officially terminated from duty by the company from 2nd Feb'13 onwards, for which 3 months basic salary are not to be paid by the company to the emplouyee as per terms of appointment, which has not been paid in this F&F settlement. So, how we could be conveniences legally to the employee


Asked on 7/23/13, 6:19 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.07.2013

Dear Sir / Madam,

If the terms and conditions of service mention notice period should be served by the employee or salary should be given to / by the Company in lieu thereof, and if you (the Company) have accepted the employee's request to serve the prescribed notice period and relieve the employee from duties on the close of office working hours on 08th April, 2013, after the employee resigned, you will have to abide by the acceptance. You (the Company) are saying that you told the employee not to attend duty w.e.f 04.02.2013 and you abruptly prevented him from attending duty on 02.02.2013 which in itself is incorrect. If you are keen to avoid further escalation of the matter to the Labour Court, payment of the notice period to the salary is advisable and recommended.

Regards,

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Answered on 7/23/13, 10:36 pm


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