New Hire Resigned After Quarantine: Can I Reclaim the 14-Day Salary Paid?

I recruited an employee a month ago and sent him for quarantine for 14 days. I paid him a full salary during his stay in quarantine. Now, after a month, he has resigned and is seeking to be relieved on 04.09.2020. Is it possible to reverse the salary paid to him for the 14-day quarantine period?

Ask him to serve the notice period or recover the notice period pay.

Resignation and Exit Formalities

Resignation is a personal and professional choice of an employee. However, an employee is bound to comply with the exit formalities and policies of the organization.

Practical Advice for Handling Resignations

If the employee has chosen a date of exit for themselves, then please relieve them of their position and current duties in time. The Full and Final (FNF) statement should be provided to the employee promptly, and it should correctly reflect the amount that should be deducted for the unserved notice period. All accrued salary should be paid for the number of days worked—it is the right of the employee to receive a salary for all days worked irrespective of tasks or assignments given to them. It is illegal to withhold salary without a policy justification. A relieving letter should also be provided to the employee after all the formalities have been completed.

The net balance of salary payable and pay for the unserved notice period will determine what can be legally recovered from the exiting employee.

Please be respectful and professional in your dealings. Do not attempt to act as the professional police and ensure the employee is relieved in an amicable manner.

What are your intentions? What is your level in the establishment? Are you in a position to make decisions, or can you only propose for consideration and approval? When did he join, and how many days has he actually worked?

Options Available to You

1. Close the matter and forget what has been paid and what is payable (if any).

2. To close the issue, you may consider following the necessary HR protocol:

i) Have you marked him present 'on quarantine'? Will you treat him as absent for the days not present to date?

ii) What about the probationary period compliance? No work, no pay? If so, he would be treated as 'not completed the probation satisfactorily' and therefore will be terminated.

iii) What did you do with the resignation he submitted? Did you process and approve it? I think you have not communicated your decision to him.

iv) If your terms of appointment permit 'one month' advance notice for resignation on either side and it's already one month over, accept the resignation and issue a relieving letter.

3. If you wish to recover the cash equivalent of the notice period not served (actual work), then you have to issue a letter to remit or serve and act accordingly.

4. I hope your unit has resumed normal work after the lockdown. If you don't want to accept his resignation, ask him to report immediately and decide thereafter depending on his response.

5. I think it's not worth taking all the efforts. Close the matter as "nothing payable/nothing recoverable." This is a practical solution suggested in the days of pandemic vagaries.