Hi
An employee has sent his resignation letter 4 months ago to his reporting officer, who never responded to his mail nor anyone replied to this employee.
Notice period is 3 months
Since the staff required the relieving letter and his dues to be properly settled he stayed on, because he has to follow proper procedure of resignation.Now after 4 months ,can the company ask the resigned employee to leave immediately, without giving him any notice pay ?
From India, Mumbai
An employee has sent his resignation letter 4 months ago to his reporting officer, who never responded to his mail nor anyone replied to this employee.
Notice period is 3 months
Since the staff required the relieving letter and his dues to be properly settled he stayed on, because he has to follow proper procedure of resignation.Now after 4 months ,can the company ask the resigned employee to leave immediately, without giving him any notice pay ?
From India, Mumbai
Dear Melissa,
A few things we need to understand here before solutions or options can be discussed:
1. After sending the resignation mail did the employee ever verbally discuss the resignation with his reporting officer?
2. If he did, what was the Reporting officers reaction / response?
3. If he did not, Why not?
In absence of clarity on the above questions, on purely technical grounds:
The employee should have stopped work at the end of the notice period and asked for his dues and relieving letter. This is since the reporting officer did not do anything to make the employee reconsider his decision to quit. I dont understand why he continued past his last day. once he served his notice it would be sqarely the duty of the employer to oblige and clear all his dues and give him his relieving letter.
Since the employee has already resigned and is working past his last day of notice from the purely techincal standpoint the organization can ask him to stop coming from the next day on. concidering that the notice was already served by the employee. As long as the organization pays him for the period worked past the last day of the notice.
Still the exact option may vary from those i have given based on the answers to the question i have asked in the begining.
Regards
Savio
From India, Mumbai
A few things we need to understand here before solutions or options can be discussed:
1. After sending the resignation mail did the employee ever verbally discuss the resignation with his reporting officer?
2. If he did, what was the Reporting officers reaction / response?
3. If he did not, Why not?
In absence of clarity on the above questions, on purely technical grounds:
The employee should have stopped work at the end of the notice period and asked for his dues and relieving letter. This is since the reporting officer did not do anything to make the employee reconsider his decision to quit. I dont understand why he continued past his last day. once he served his notice it would be sqarely the duty of the employer to oblige and clear all his dues and give him his relieving letter.
Since the employee has already resigned and is working past his last day of notice from the purely techincal standpoint the organization can ask him to stop coming from the next day on. concidering that the notice was already served by the employee. As long as the organization pays him for the period worked past the last day of the notice.
Still the exact option may vary from those i have given based on the answers to the question i have asked in the begining.
Regards
Savio
From India, Mumbai
Dear Melissa
Dsouza is right to a large extent.The situation became dicey both for the employee and the employer after th expiry of the notice period since the employee continued after thexpiry of teh notice period and the employer did not accept the resignation within the notice period. What the employee should have done, if he wanted to continue with the company, is that he should have sent a communication withdrawing the resignation. Since he did not do it, his intention to quit still stands.Therefore if the employer now wants him to leave, it will be difficult to resist it.
However there is another perception to the issue.When the employer did not accept the resignation within the notice period and even after the expiry there of, it shows that he does want to continue the contarct of service. On the employee side, though the employee did not withdraw the resignation before the expiry of the notice period, but his conduct by continuing beyond the notice period displays a fresh intention to continue the contarct of servcie. Thus the conduct of the employee and the employer post notice period nullify the resignation and therefore the employer now cannot ask him to leave.
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
1899Dsouza is right to a large extent.The situation became dicey both for the employee and the employer after th expiry of the notice period since the employee continued after thexpiry of teh notice period and the employer did not accept the resignation within the notice period. What the employee should have done, if he wanted to continue with the company, is that he should have sent a communication withdrawing the resignation. Since he did not do it, his intention to quit still stands.Therefore if the employer now wants him to leave, it will be difficult to resist it.
However there is another perception to the issue.When the employer did not accept the resignation within the notice period and even after the expiry there of, it shows that he does want to continue the contarct of service. On the employee side, though the employee did not withdraw the resignation before the expiry of the notice period, but his conduct by continuing beyond the notice period displays a fresh intention to continue the contarct of servcie. Thus the conduct of the employee and the employer post notice period nullify the resignation and therefore the employer now cannot ask him to leave.
B.Saikumar
HR & labour Law advisor
Mumbai
From India, Mumbai
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Resignation acceptance format.doc