RESIGNATION:-When employee resigns with notice period and employer relieves him before completion of notice period by waving off the period, employer is not liable to pay any amount to employee for condoning the part of notice period. - The Industrial Disputes Act, 1947
Burden of compliance of the condition of notice period as stipulated in the employment contract is upon the party who terminates the services. When the employer terminates the services of an employee, it has to make compliance of the condition of notice period either giving prior notice to the employee or praying him salary or wages in lieu of notice period. When the employee himself terminates his services by way of submitting resignation or otherwise, and the employer accepts his resignation even prior to expiry of stipulated notice period, thereby condoning the remaining notice period, the employee is not entitled to claim compensation for the remaining notice period from the employer.
-Joyco India Limited and Others vs. Saibal Sen Gupta. 2017 LLR 827 (H.P. H. C.)
The Industrial Disputes Act,1947
Call us on 09920-100-462 |Request a quotation
LK Nakashe Consultants Pvt. Ltd is India’s leading compliance & labour law consulting firm. Headquartered in Mumbai, we are ISO 9001 Certified & Crisil Certified, and we serve all 29 states and 7 union territories of India. Our service bouquet includes Registration & Renewal Services, End-to-End Monthly Compliance Services, Audit & Due Diligence Services, Advisory & Consulting Services, Payroll Management Services and Contract Staffing Services. Our client list of 750+ companies includes some of India’s biggest business conglomerates, MNCs, public listed companies & SMEs