one of employee has resigned from job with notice period but we allowed him to continue for one more month to complete our project, my query is can we remove him now from the services as his resignation is already submitted to us?
From India, Panaji
From India, Panaji
Querry is not clear. What is the role of employee? what is the duration of notice period is he required to be
submitted? Did you issue him resignation acceptance letter? Or did you issue to him any communication
regarding extension of one more month in writing?
Please give details so that a proper reply can be sent.
Thanks
R K Nair
From India, Aizawl
624submitted? Did you issue him resignation acceptance letter? Or did you issue to him any communication
regarding extension of one more month in writing?
Please give details so that a proper reply can be sent.
Thanks
R K Nair
From India, Aizawl
Hi,
You ALLOWED him to continue with you for one more month for completing your project after his resignation?
After resignation and completing notice period by following the general employment conditions, employee deserve to go away and employer need to release him with his dues /F&F respectively.
Well as he has stayed for more one more with you for just completing your project work, firstly, he must have gone away himself because he has taken action or resigned, but as he has not done this, you need to ask him whether he wish to continue with you or want to leave. If he wants to go, you need to release him immediately else he can be reappoint.
Answer of your question in simple word is, you cant remove him from the job as he is already free from employment conditions and now an ex-employee but NEED TO INFORM HIM THAT HE CAN NOW STOP COMING AS THE WORK HAS COMPLETED FOR WHICH HE WAS REQUESTED TO STAY MORE with his F&F statement and dues (and can ask him to come later for his F&F, if required).
From India, Gurgaon
You ALLOWED him to continue with you for one more month for completing your project after his resignation?
After resignation and completing notice period by following the general employment conditions, employee deserve to go away and employer need to release him with his dues /F&F respectively.
Well as he has stayed for more one more with you for just completing your project work, firstly, he must have gone away himself because he has taken action or resigned, but as he has not done this, you need to ask him whether he wish to continue with you or want to leave. If he wants to go, you need to release him immediately else he can be reappoint.
Answer of your question in simple word is, you cant remove him from the job as he is already free from employment conditions and now an ex-employee but NEED TO INFORM HIM THAT HE CAN NOW STOP COMING AS THE WORK HAS COMPLETED FOR WHICH HE WAS REQUESTED TO STAY MORE with his F&F statement and dues (and can ask him to come later for his F&F, if required).
From India, Gurgaon
Absolutely no problem
Presuming that the original resignation is accepted and notified to the employee accordingly.
The relieving letter has to be so dated to notify the original resignation letter and the end of notice period thereof. The extra month that he has worked does not count towards anything, just pay him his due for the month he has put in through separate payment and do not club it with his full and final. Hope it helps.
Robin Varghese
HR Consultant, New Delhi
+91-8800747161
From India, Delhi
Presuming that the original resignation is accepted and notified to the employee accordingly.
The relieving letter has to be so dated to notify the original resignation letter and the end of notice period thereof. The extra month that he has worked does not count towards anything, just pay him his due for the month he has put in through separate payment and do not club it with his full and final. Hope it helps.
Robin Varghese
HR Consultant, New Delhi
+91-8800747161
From India, Delhi
Dear all,
The query is about re-leaving a person who has already resigned from his job and he has been asked to continue for one more month for completing some assigned job. Such employee can be removed from the service on existing resignation? I don't think any relevancy of following queries as asked by Shri R K Nair - i.e. What is the role of employee? what is the duration of notice period is he required to be submitted?
Except Did you issue him resignation acceptance letter? Or did you issue to him any communication regarding extension of one more month in writing?
In my opinion, once a employee resigns from his post, he can withdraw it at any stage unless it is accepted under intimation. If the management has accepted his resignation, he can be removed by making his full and final till his extended period of one month.
As someone suggested to pay his Salary through cash voucher for extended period and need not to pay him related / linked benefits for this period is not advisable as it is illegal. The date of leaving on his experience letter and other documents will be the date of his actual removal.
P K Sharma
From India, Delhi
The query is about re-leaving a person who has already resigned from his job and he has been asked to continue for one more month for completing some assigned job. Such employee can be removed from the service on existing resignation? I don't think any relevancy of following queries as asked by Shri R K Nair - i.e. What is the role of employee? what is the duration of notice period is he required to be submitted?
Except Did you issue him resignation acceptance letter? Or did you issue to him any communication regarding extension of one more month in writing?
In my opinion, once a employee resigns from his post, he can withdraw it at any stage unless it is accepted under intimation. If the management has accepted his resignation, he can be removed by making his full and final till his extended period of one month.
As someone suggested to pay his Salary through cash voucher for extended period and need not to pay him related / linked benefits for this period is not advisable as it is illegal. The date of leaving on his experience letter and other documents will be the date of his actual removal.
P K Sharma
From India, Delhi
Employee should be released is it is not really required to hold.
Some time resigned employees can spoil working environment and can also be a threat to organization confidentiality.
Since employee is already resigned and ready to leave you can also provide a date to leave.
But if employee want to stay till notice period ends and you wish to remove him as soon as possible then you might have to compensate him/her as per the clause of offer letter/company policy.
From India, Mumbai
Some time resigned employees can spoil working environment and can also be a threat to organization confidentiality.
Since employee is already resigned and ready to leave you can also provide a date to leave.
But if employee want to stay till notice period ends and you wish to remove him as soon as possible then you might have to compensate him/her as per the clause of offer letter/company policy.
From India, Mumbai
As Mr.Sharma said is very much correct, I too agree with this. Once the employee submits his resignation, by complying the terms of appointment order, the employer cannot take any action against the employee. On the contrary he can request if possible to stay one more month but you can not force him He must have already programmed his alternate job which should not be hampered.
The relations of Employees and employers should be cordial and based on the mutual advantages. Outgoing employee should leave the organization happily.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)
Labour Laws Consultant.
From India, Bidar
The relations of Employees and employers should be cordial and based on the mutual advantages. Outgoing employee should leave the organization happily.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)
Labour Laws Consultant.
From India, Bidar
While seeking an appropriate answer for a legal question created by the twists and turns of factual events, I think the questioner must carefully present the entire march of the events. The employee submitted his resignation and fulfilled the notice period obligation. Whether his resignation was formally/officially accepted subject to the condition of completing the pending works within a period of one month or so? If it is yes, well you can relieve him forth with after paying him all terminal dues plus the salary for the extended period of service actually rendered by him. I think you plan to deny him salary for the extended service on the wrong premise it was he who caused the back-log during his notice period.Please, don't do this!
From India, Salem
From India, Salem
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Resignation Letter.jpg
Resignation cum relieving letter.doc