Industrial Relations And Labour Laws
Software Engineer
+2 Others

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Dear All,
I have one queary, If an employee give his resignation from the post and still continue his job after the last date...he has not got any kind of letter or signature from company on his resignation letter...He has not completed any f&f formalities..His last working day mentioned in resignation letter is over and two months is already passed....
1. Can he stop coming at any time ???
2. Can company stop him any time ???
Pls help.....
Thanks in advance
Sanjay Makwana

From India, Mumbai
It is your responsibility to accept his resignation and relieve him on the due date. If you have not done that and on the faith that you have not accepted the resignation, if he is coming to office and carry on his duties, you have to pay him salary and benefits as if his resignation is still on hold. Now, if you want to stop him from coming, you have to communicate in writing that his resignation has been accepted and will stand relieved on so and so date. Accordingly ask him to complete the exit formalities and relieve him. As far as possible give him at least a reasonable time for exit.

From India, Kannur
Hi team,
I'm new to this forum.
I was on a week vacation. Wen I'm backto my workspace, HR asked to resign from the services due to my last bad appraisal. And a notice period of 2 months without pay is given. I just resigned without arguing.
One thing I would like to know here. Is there any rule like a prior notice or something should be done before asking to resign??
Or any steps that could help me in this state.

From India, Pune
I didn’t get what do you mean by “…notice period of 2 months without pay is given”

Now, prior notice is required in case the employee is a confirmed employee and in case the terms of appointment so provides. On the other hand, if the employee is on probation he can be terminated without notice.

Notice (let me take the first para as notice by the employer) should be paid one and it is meaningless to give two months time without paying.

If you have already resigned there is no meaning in going in search of remedy because resignation is a voluntary act. Therefore, if your resignation cannot be established to be a forced resignation or under coercion, you cannot take it forward. Yes, if you did not resign and the employer terminated you, then you could have moved to court and got relief. For that also what is important is that you will have to establish that you were not given any feedback of your performance in the past and termination on the ground of non performance came all of sudden without giving you reasonable time to improve your performance and you were not given notice of termination or payment in lieu of notice as per contract of service etc.


From India, Kannur
Dear Sir,
I was working in DSOI DELHI. I was suspended on 20th sept2013 along with another staff. I was working in DSOI as manager and the SECRETARY had told my wife to get my resignation or else my services would be terminated. The language format was also given by him to my wife and I resigned where the enquiry was not yet started.I had given my representation to join back my services as at the age of 53 I can not get a job and after putting my 32 years of service in DSOI where will I go I even apologizes for the mistake but to none of my representations I have received any reply. What should I do? Please guide me further.

From India, New Delhi
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