it is at discretion of management to waive the notice period
if appointment letter mentions 3 months notice period only then you have to serve the notice period
As per CG Rules, an employee has to serve 3 month notice period before the resgination, but if a person ready to pay 3 month salary can he resign from next day. Is it mandatory to serve for 3 month, if he is ready to pay 3 month salary
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it is at discretion of management to waive the notice period
if appointment letter mentions 3 months notice period only then you have to serve the notice period
If the CG Rules provide for paying 3 months' salary in lieu of serving 3 months' notice period, then the employee can resign from next day.
Relevant provisions of CCS Leave Rules that covers eligibility for Earned Leave while in resignation notice period are Rule 9 (1) and Rule 39.
Rule 39 (6) (ii) of CCS Leave Rules provides that if a Government Servant resigns or quits Government Service, he may be granted, suo motu, by the authority competent to grant leave, cash equivalent in respect of earned leave at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days.
From the above rules it is clear that you can avail earned leave in lieu of the notice period if you have earned leave to your credit.
Otherwise you can offer to buy out the notice period to be served.
Please provide a rule as per central government service supporting the answer. Rule only say three month notice period nothing mentioned about salary in lieu of notice period
Based on these results, it seems that there is no provision for paying three months’ salary and resigning from service without serving the notice period for a permanent government employee. However, this may vary depending on the terms and conditions of appointment and the nature and status of service. Therefore, I suggest that you consult your appointing authority or your administrative department for clarification and guidance on your specific case.
If the rule doesn't say about compensating the service of notice period, then you cannot assume the rule by yourself.
You have not mentioned about which rule are you referring here, there is no such CG rule, is it CCS or any labor law or any other law that you came across.
Without clarity in your question you will get such type of answers only.
If there is rule or agreement to buy three months notice period only then you can buy notice period by paying three months salary but if there is no such clause or agreement then you have to serve three months notice period. As per Central govt. rules there is no rule of buying notice period.
As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee's decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, as per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.
- Further, the Supreme Court has declared in the judgement in the matter of Sanjay Jain versus National Aviation Company of India Ltd, , that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service.
- Hence , the said person can resign after paying the 3 months notice period , and he cannot be forced to continue the work for the notice period.
Dear Client
In India, as per Central Government (CG) rules, employees are typically required to serve a notice period before resigning from their employment. The notice period duration may vary depending on the specific rules and regulations of the organization or department. However, in the scenario you described, where an employee is willing to pay the equivalent of three months' salary in lieu of serving the notice period, it's essential to consider the specific rules and policies of the Central Government or the department in which the individual is employed.
As per the update in September 2021, the rules governing notice periods and the possibility of paying in lieu of notice vary among government departments and organizations. Typically, notice periods are meant to ensure a smooth transition and allow the employer to find a suitable replacement for the departing employee.
If the CG rules only mention a three-month notice period without specifying the option to pay in lieu of notice, it is advisable to consult with the organization's human resources department or seek legal advice to understand the specific policies and procedures applicable to your situation. These policies can sometimes be outlined in the employee's appointment letter, service rules, or other relevant documents.
It's important to note that government rules and regulations can change over time, so it's crucial to consult with the relevant authorities or legal experts for the most up-to-date and accurate information regarding notice periods and resignation procedures within the Central Government or specific departments. Additionally, employment contracts and rules may be subject to negotiation and customization, so individual circumstances may vary.