Legal Question in Employment Law in India

Question

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

India | 700001 | Labor and Employment Law

7/23/13, 10:36 pm

Answer (1 of 1)

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,

NOT helpful:helpful:Fca Prashant Chavan

Expert Edge LLP

[email protected]

Santosh Sadan Khar (w) Mumbai, 400052

Dear Prasant Sahab,

Thanks for your kind advise sir ji,

Can we iterpriate as hereunder:

As the employee himself resigned on 9th Jan'13 and mentioned that his notice period up to 8th April 2013. Non of the company will wait to take suitable replacement for the mentioned long tenure.

Apropos, the employee submit his resignation, the company only release before two months without wait.

Now the issue is before resignation company never told to resign. Also as per T &C of appointment the clause towards notice pay as follows:

5. You will be initially on probation for a period of six months from the date of your Joining, which may be extended at the discretion of the management. Upon satisfactory completion of probation period, you will be confirmed in the company's employment and a letter confirming you in employment will be issued by the company. During the period of probation, your services may be terminated without assigning any reason by giving one month's notice in writing or one month's basic salary in lieu thereof by either party.

6. On confirmation, this contract can only be terminated by either party by giving three month's notice in writing or three month's basic salary in lieu thereof. During such notice period, you will remain actually present on your duty before leaving us. In case of your leaving company services without giving any notice, the company shall have the right to deduct three month's basic Salary/wages from your balance dues.

7. In case the prescribed notice is not given, the Company would reserve its right of initiating legal actions. However, Company may relieve any employee before expiry of notice period and may waive of notice pay but in such situation one must collect written confirmation from the HR Dept. of Company's having agreed to relieve early.

Now pls advice / revisit the issue again with your extended co-operation.

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