I am working in a school, one teacher has resigned from the job by putting in the resignation in the month of February. Ideally the 3 months notice period would get t over by April and she would have served her NP, but due to the lockdown starting from 20th March the school remained closed till date with uncertainty of restarting the same. kindly advice how to treat this .
From India, Mumbai
Labour Law & Hr Consultant
Senior Hr Consultant


As per the directions by the Central Government under the DMA, 2005, all the employers of establishments should pay salary/wages to their employees for the entire period of lock down without any deductions. It implies that the entire stretch of lock down should be deemed as duty only for all employment purposes. Hence the notice period gets automatically merged with the lock down days. If the entire notice period expires within the lock down period, the employee should be relieved.
From India, Salem

Thank you Sir your reply is very helpful and have cleared my doubts.
From India, Mumbai

Sir this can also mean that if the NP is not covered the employee has to pay salary in lieu of the balance days of the NP
From India, Mumbai

Karuna - this is absolute unprofessional to just recover notice period for the balance days and indict an employee like this during lockdown.
There are no balance days - have you not tried to understand this from above reply from Umakanthan Sir?? There is NO notice recovery - her notice period ends on the completion of 3 months from her resignation date - irrespective of imposition of lockdown.
What is such a business urgency that you want to circumvent labour laws and self-carve your own employment rules.
Recommended: Please stick to the GOI Labour Laws to effectively relieve the lady employee and treat her with utmost respect.

From India, Delhi

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