PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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umakanthan53I think that the poster would have tendered his resignation with prospective effective i.e., effective from a future date inclusive of serving the entire period of 3 months as per the contract of employment. Instead If the employer accepts it immediately and relieves him forthwith, it amounts to a counter offer by the employer which requires the acceptance of the employee i.e., the poster. In such a situation, to implement his decision, the employer should pay salary for the entire notice period. The concerned HR would be aware of this legal position. But, of course, a HR has to act like a pawn at the hands of a defiant employer.
The poster can stake a legal claim for the notice period salary.
From India, Salem
AnonymousHR said, "We accept your resignation and note that you will be relieved of your duties from XYZ Company as per the terms and conditions of your offer / appointment letter by 30th April, 2021 which shall be your last working day."
I just want to go to office till then. Can HR block this legally?
From India, Krishnagiri
KK!HR"You need not attend office from tomorrow onwards and we will proceed with your exit formalities on the last working day." This is a cleaver ploy by the HR/employer to deprive you of your notice pay. They will show you to be on the rolls till 30th April 21 without paying you any salary. So you should stake claim for salary for the notice period as you are being prevented from attending to your office, though you are wanting to work there. The Security may have been instructed not to allow you inside, may be the attendance system might have blocked you. It is worth making a try to find the real position, if you are able to go inside the office, you can meet the officials concerned and put up physically your claim for salary for the notice period. Otherwise send them a letter stating the above.
From India, Mumbai