Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy

Anonymous
I have received a mail from my employee today 5th Dec 2020 at 2.23 pm in which he has mentioned that
"I Would Like To Inform You That I Am Resigning From My Position Effective From 07-Dec-2020" - today is 5th Dec 2020. Is this resignation valid?
From when will his notice period should be calculated 5th Dec or 7th Dec?

From India, Mumbai
Dear member,
The date of resignation is 05-Dec-2020, therefore, his notice period starts from the same day i.e. 05-Dec-2020.
The employee has mentioned that his resignation is from 07-Dec-2020, therefore, he will not attend to his duties from this day. Therefore, his Last Working Day (LWD) will be 06-Dec-2020. Though it is Sunday, it has to be considered as a working day.
The explanation given above is for your query only. Since we do not know the terms of separation mentioned in the appointment letter, we cannot comment on whether the resignation is as per those terms.
Thanks,
Dinesh Divekar

From India, Bangalore
Perhaps there is some miscommunication, it appears the employee is wanting to inform you that he or she has resigned now and will be unavailable from 7th December 2020. But the wording makes it a conditional resignation, it is only an intimation that the employee will resign on 7th Dec. The resignation has to be unconditional and the severance notice has to have immediate effect. So action can be initiated only on 7th and the notice period would start only thereafter. On 7th you need to seek clarity on whether the employee has decided finally to quit or not.
From India, Mumbai
Sorry to differ with the learned friends as I have different perception about the effective date of resignation. The term resignation in the employment context refers to the formal statement of an employee's intention to leave a job or position held by him/her in an organization. Therefore, if an effective date in future is mentioned, that is the actual date of leaving from his side or no date is mentioned, it takes immediate effect. Acceptance of resignation and counting of notice period as per the terms of unilateral exit are procedural formalities in the wake of submission of resignation letter. If the employee is prepared to face the consequences in this regard, well he may stop coming to job from the next day following the effective date of resignation chosen by him. Notice period, if any mentioned in the separation clause would actually lie between the date of submission of the resignation and its effective date. Here in the case, his notice period commences on 6th December only.
From India, Salem
Anonymous
I thank all for their guidance. As per the service condition the employee shoild serve 60 days notice period and he has mentioned in his letter that he will serve notice period.
My cobfusion is whethet the notice period Will start from 5th ( since maik has come on 5th) or will it be from 7th.

From India, Mumbai
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