Navigating Resignation During Lockdown: Can My Friend Claim Salary and Is Her Notice Period Extended?

This question is for a friend working in a construction firm based in Lucknow, India. She mailed her resignation on the 21st of March 2020, and from the 23rd of March, our city was under lockdown to prevent the spread of COVID-19.

On the 24th of March, her management responded stating: "In the purview of this epidemic situation of COVID-19, and your resignation, before taking any severe action it is to bring to your kind notice that our offices have already been closed at present. Also, in continuation with your resignation letter, your roles and responsibilities with the company have been temporarily suspended from the day of your resignation till the office reopens."

Questions Regarding Resignation and Lockdown

I want to know:

1. If this suspension is valid (as it was a regional lockdown till the 25th of March and now a national lockdown till the 14th of April).

2. If she can claim her salary/suspension allowance for the period as it is work from home for all the employees of the organization from the 23rd of March 2020.

3. Also, will her notice period extend considering the overall scenario?

Please note - She is to serve a 15-day notice as per the company's policy.

Dear Anna, In the backdrop of the circumstances described, the position that emerges is that the resignation of the employee (the effective date of the same is omitted in the post) is not yet formally accepted by the employer. Additionally, despite the temporary suspension of her role and responsibilities exclusively at the employer's own discretion in view of the closure of the office premises effective from March 25, 2020, the employee still continues in the service of the organization without any work.

Therefore, my answers to your queries are:

1. It is not a suspension pending an inquiry into certain charges of misconduct nor ahead of any disciplinary action anticipated until the lifting of the lockdown.

2. There is every indication of implied acceptance of the resignation submitted on March 21, 2020, from the action of the employer in debarring the employee from work effective from March 24, 2020. As such, it can be construed as only a move to block her role in view of her resignation, and therefore she is entitled to her full salary as per her contract of employment, like any other employee working from home.

3. Considering the overall scenario as of now, her notice period automatically merges with the lockdown period. If the management is not in a position to relieve her for whatever reason during the lockdown, they can relieve her as soon as it is over. There is no question of extending her notice period without salary, as it would become a counteroffer to the original offer of resignation already submitted.

Sir, kindly suggest to me if a private limited company discontinues the services of a permanent employee without giving any notice period and valid reason, then what rights does the employee have to receive their salary or can they file a complaint against the company for this during the lockdown period? If there is any provision, kindly let me know.

Dear Member,

If your services are terminated during the lockdown period, you can approach the district administration for assistance.

Regards,
R N KHOLA