Which date we should consider as Resignation date if there is no notice period - resignation letter day or last working day? - CiteHR

Hi All, This is a startup company and yet not considering the notice period. One employee sent an email to his manager on 27 Oct at 8:00 AM as he is not getting a salary on time so he is not interested to continue with the team. Senior HR is saying to consider his last working day 26 Oct and we will pay him till 26 only, he is saying why to pay till 27 if he just worked till 26 and his timesheet is recorded till 26 Oct (HR said he can't pay one day extra).
According to me if there is no notice period then we should consider the employee's last working date on which date the employee sent an email or letter to the company and we should pay for 27 as well. Please comment as to what date we should pay the salary.

From India, Mumbai
Labour Law & Hr Consultant
Pranita M W
Hr Manager

Dear Pranita,
Basically, resignation is an unilateral offer given by the employee to terminate the contract of employment which requires the acceptance of the employer. But resignation would take effect from the date on which the employee is formally relieved from his job. If no notice is prescribed, it would take effect from the date mentioned by the employee in his resignation. In the case cited in your post, the employee has to be deemed to be in service only up to October,26 and therefore, he must be paid up to and inclusive of that date only. Better, issue a relieving order and experience certificate accordingly.

From India, Salem
Ok. thank you for your valuable reply. Regards, Pranita
From India, Mumbai
In my opinion, since the employee has submitted conditional resignation stating that he is not getting salary on time, this is not a resignation in the eyes of law and is not tenable and is likely to be quashed by a court of law, if challenged by the employee.
As per my experience, the employee has sent you this conditional resignation. You should ask to tender it unconditionally and then accept.
S.K. Mittal

From India, Faridabad
Of course perceptions differ. Resignation, basically, signifies the unwillingness of the employee to continue his services in the same organization. Therefore, I am of the view that if the reason shown by the employee for his resignation is true or indisputable, it will not amount to cast any aspersions on the management nor it could be treated as a condition for resignation. Unless the employer wants or needs to retain the employee for bonafide reasons, it is not his business to scan the reason for resignation nor he is competent to dictate the employee to redraft the resignation letter the way he likes.
From India, Salem

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