Umakanthan53
Labour Law & Hr Consultant

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Hi, One employee has resigned in last week of Feb 2020 and at that time at the time of acceptance of resignation, we write that he has to serve notice period as per appointment letter and will get relieve on completing of that, which is last week of May 2020.
Now because of Lock down, there is no such volume of work and even till today he didn't get any single task from our side during this entire lock down and for this there is no deduction in pay for this.
Now we want to relieve him by 17th April 2020, and till 17th April he will get his full salary.
My question is that , is there any legal implication in early relieving during this lock down period.
Regards

From India, Chandigarh
Dear friend,
Strict compliance of notice clause relating to unilateral termination of the contract of employment by either party is a contractual obligation failing which one has to recompense the aggrieved party. Seems that you accepted the resignation ONLY subject to the employee serving the entire notice period already stipulated. Your post is silent about either the existence of any buy-out option to the employee or your refusal of such an option exercised by the employee. Therefore, as it is, the employee should be permitted to serve the entire notice period despite the lock down and your proposed decision to relieve him earlier due to lock down would certainly place him in a disadvantageous position of discontinuity of employment as well as deprivation of earnings. Besides, if you desire to relieve him earlier for whatever reason, it amounts to a counter offer which requires the employee's unconditional acceptance. In case he turns down your offer, you will have to pay him the salary for the remaining notice period to implement your decision forthwith. The on going lock down situation does not alter the above legal position.

From India, Salem

Yes, we have accepted his resignation and sent him email about acceptance of his resignation and in that email we mentioned that your notice period will start from ____ date.
On other hand we have written policy of our organization that date of relieving is sole discretion of Management.
Yes employee mentioned his last working day in resignation email, which is as per the define notice period of organization.
Request to clear my above question considering these points.
Regards
Vivek Kumar Singh

From India, Chandigarh
Dear Vivek,
I think that you will have no hesitation in agreeing with me that in HR matters starting from appointment to termination, situations have to be managed professionally. Professional management includes honouring of contractual obligations. Your acceptance of the employee's resignation with the specific mention of the date of commencement of his notice period as already stipulated in the contract of employment cannot be unilaterally modified to his disadvantage because of your discretion, if any vested in your policy statement. Your Policy statement is not a legal instrument whereas the particular contract of employment is a legal instrument under the Indian Contract Act,1872.
Therefore, I have to reiterate my earlier opinion only.

From India, Salem
Dear Vivek,
Your one employee who has resigned in last week of Feb 2020, his services will end on last week of May 2020 as per the terms of appointment.
The employer may relive the employee on 17 th April prior to date on last week of May 2020. But the employer has to pay till last week of May 2020.
Your payment till 17 th April is illegal because as per the terms of appointment his last working is the date in last week of may.
There is there any legal implication as the employee resigned from the job prior to lock down and the employee has received his compensation till May'20. But employees's payment till 17 th April is illegal and to be treated violation to advisory of lock down.
Regards

From India, Mumbai
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