Facing Pressure to Return to Office After Resignation: How to Handle Notice Period and Salary Concerns?

I am working at XXXX (MNC) company and have submitted my resignation from my position. I have agreed to abide by the 1-month notice period, as per company policy, by notifying via email.

Currently, I am operating from my hometown using my personal system due to COVID-19.

Return to Office Requirement

Today, during a conference call with my Supervisor and Manager, they informed me that I must return to the office to fulfill the remaining notice period or opt for a buyback of the notice period on 28th September. My Manager stated that it is compulsory for all employees to be present in the office to complete the notice period, although some of my colleagues are working from home while serving their notice.

Salary Cycle and Payment Concerns

Our salary cycle runs from the 21st to the 20th of each month. When I inquired about my salary for the current month, I was informed that I would not be receiving the salary for the previous month (21st August - 20th September) this month. Since I resigned after the completion of the salary cycle, will it be included in the Full and Final Settlement (FNF)?

Payment Issues During Lockdown

I have not received payment for the last 4 months as the company did not provide me with a system to work from home during the lockdown, and now they are mandating my return to the office. I have diligently worked throughout this pay cycle without taking any leave and rely on my current month's salary.

Any assistance regarding this matter would be greatly appreciated.

In this situation, it's crucial to understand your rights and obligations as an employee resigning from a company in India. Here are some key points to consider:

Notice Period Requirement:
- As per Indian labor laws, serving a notice period is a standard practice when resigning from a job. It is essential to comply with the notice period mentioned in your employment contract or company policy.
- While some companies may require employees to work from the office during the notice period, especially for critical roles, the legality of this requirement can vary based on the terms of your employment agreement and prevailing laws.

Salary Payment and Full and Final Settlement (FNF):
- Your entitlement to salary for the notice period served depends on the company's policies and the terms of your employment contract.
- Typically, if you resign after the completion of a salary cycle, the salary for the previous month should be included in your Full and Final Settlement (FNF) along with any other dues like leave encashment, if applicable.
- It's advisable to review your employment contract and company policies regarding salary payments during the notice period and FNF calculations.

Remote Work and COVID-19 Considerations:
- Given the ongoing COVID-19 situation, many companies have allowed employees to work remotely to ensure safety and continuity of operations.
- If you have been effectively working from home during the pandemic and your performance has not been impacted, you may discuss with your employer the possibility of continuing remote work for the notice period, citing health and safety concerns.

Seeking Clarification and Legal Advice:
- If you feel harassed or unfairly treated by management regarding the notice period requirements or salary issues, consider seeking clarification from HR or higher management within the company.
- Additionally, consulting with a legal advisor or labor law expert in India can provide you with insights into your rights and options in this situation.

Action Steps:
1. Review your employment contract, company policies, and relevant labor laws to understand your rights and obligations.
2. Seek clarification from HR or management regarding the notice period requirements and salary payments during the resignation process.
3. Document all communications with the company regarding your resignation, notice period, and salary entitlements for future reference.
4. If needed, consider seeking legal advice to ensure your rights are protected and to address any concerns of harassment or unfair treatment.

👉 It's essential to navigate this situation professionally and seek guidance to ensure a fair resolution that aligns with your rights as an employee in India.