Query Regarding Resignation and Continued Employment
I have one query: If an employee submits his resignation but continues to work after the last date without receiving any letter or signature from the company on his resignation letter and without completing any Full and Final (F&F) formalities, what should be done? His last working day mentioned in the resignation letter is over, and two months have already passed.
1. Can he stop coming at any time?
2. Can the company stop him at any time?
Please help.
Thanks in advance.
Regards,
Sanjay Makwana
From India, Mumbai
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1I have one query: If an employee submits his resignation but continues to work after the last date without receiving any letter or signature from the company on his resignation letter and without completing any Full and Final (F&F) formalities, what should be done? His last working day mentioned in the resignation letter is over, and two months have already passed.
1. Can he stop coming at any time?
2. Can the company stop him at any time?
Please help.
Thanks in advance.
Regards,
Sanjay Makwana
From India, Mumbai
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It is your responsibility to accept his resignation and relieve him on the due date. If you have not done that, and on the faith that you have not accepted the resignation, if he is coming to the office and carrying on his duties, you have to pay him salary and benefits as if his resignation is still on hold.
Communicating Resignation Acceptance
Now, if you want to stop him from coming, you have to communicate in writing that his resignation has been accepted and he will be relieved on a specified date. Accordingly, ask him to complete the exit formalities and relieve him. As far as possible, give him at least a reasonable time for exit.
Regards,
Madhu.T.K
From India, Kannur
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Communicating Resignation Acceptance
Now, if you want to stop him from coming, you have to communicate in writing that his resignation has been accepted and he will be relieved on a specified date. Accordingly, ask him to complete the exit formalities and relieve him. As far as possible, give him at least a reasonable time for exit.
Regards,
Madhu.T.K
From India, Kannur
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I didn't understand what you mean by “notice period of 2 months without pay is given.”
Now, prior notice is required if the employee is a confirmed employee and if the terms of appointment so provide. On the other hand, if the employee is on probation, they can be terminated without notice.
Notice (let me take the first paragraph as notice by the employer) should be paid, and it is meaningless to give two months' time without paying.
If you have already resigned, there is no point in seeking a remedy because resignation is a voluntary act. Therefore, if your resignation cannot be established as forced or under coercion, you cannot take it forward. Yes, if you did not resign and the employer terminated you, then you could have moved to court and obtained relief. For that, it is important to establish that you were not given any feedback on your performance in the past, and termination on the grounds of non-performance came suddenly without giving you reasonable time to improve your performance. You were not given notice of termination or payment in lieu of notice as per the contract of service, etc.
Regards,
Madhu.T.K
From India, Kannur
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Now, prior notice is required if the employee is a confirmed employee and if the terms of appointment so provide. On the other hand, if the employee is on probation, they can be terminated without notice.
Notice (let me take the first paragraph as notice by the employer) should be paid, and it is meaningless to give two months' time without paying.
If you have already resigned, there is no point in seeking a remedy because resignation is a voluntary act. Therefore, if your resignation cannot be established as forced or under coercion, you cannot take it forward. Yes, if you did not resign and the employer terminated you, then you could have moved to court and obtained relief. For that, it is important to establish that you were not given any feedback on your performance in the past, and termination on the grounds of non-performance came suddenly without giving you reasonable time to improve your performance. You were not given notice of termination or payment in lieu of notice as per the contract of service, etc.
Regards,
Madhu.T.K
From India, Kannur
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