Employee Resigned Due to Lockdown: Can We Exclude His Absence in the Resignation Letter?

Hi all, I hope some of you might have come across the issue of an employee resigning without restarting his duty post-lockdown.

Employee Resignation Issue

The problem with the employee is as follows:

a. He is from Tamil Nadu, and the Tamil Nadu government has restricted public transport.

b. He has not turned up from March 2020 until the current date (almost 5 months).

So, can't we issue a letter without including this period as he has not served us?

Legal position on resignation acceptance

The legal position is clear: you cannot accept a resignation from a previous date. This means it can only be accepted from the same or a later date. You can treat the intervening period of absence as "dies non" or apply the "no work, no pay" rule.