Respected Seniors, I would like to inform you that one of my colleagues was on leave for five days. Upon returning to the office on one particular day, he submitted his resignation letter with a backdated effect. My question is whether his resignation with a backdated date will be considered valid. Please assist me with this matter.
Regards
From India, Delhi
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From India, Delhi
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No, the resignation would be considered from the date he gave it. The notice period will also start from that day or the next day.
From India, Mumbai
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2508From India, Mumbai
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Apart from what Mr. Banerjee said, include a note on the resignation letter stating "Received and Accepted on dated --------------". Also, ensure that if the leave was not approved, you can refer to the leave as LOP. If the leave was approved, then resigning during the leave period is not valid even in the court of law.
From India, Ahmadabad
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From India, Ahmadabad
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Apart from what Mr. Banerjee said, include a remark on the resignation letter stating "Received and Accepted on dated --------------". Also, ensure that if the leave was not sanctioned, you can refer to the leave as LOP. If the leave was sanctioned, then resigning during the leave period is not valid, even in the court of law.
Considerations for Resignation Acceptance
Is it not a good idea to only "endorse it received on........." subject to further processing and leave the acceptance matter to be dealt with separately? The processing will only commence with reference to the notice period, etc.
From India, Bangalore
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Considerations for Resignation Acceptance
Is it not a good idea to only "endorse it received on........." subject to further processing and leave the acceptance matter to be dealt with separately? The processing will only commence with reference to the notice period, etc.
From India, Bangalore
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"We do not have a notice period" is a strange statement. I do not know of any company that does not have a notice period. If you do not have a notice period, then the employee can leave by telling you at the end of the day that he is not going to come from tomorrow and that you should send his salary cheque over. In that case, why are you even asking about the validity of the resignation letter dated 5 days back? You are bound to accept it even with immediate effect.
In case you mean that it is not specified in the appointment letter, then you have to look at your practice/precedent, your HR manual, and in the end, you have to look at things like the Standing Orders (even if you are not actually covered by standing orders, it will be a good reference of general practice in the industry). The generally accepted practice where nothing is specified is that notice would be 1 month except for those under probation.
From India, Mumbai
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In case you mean that it is not specified in the appointment letter, then you have to look at your practice/precedent, your HR manual, and in the end, you have to look at things like the Standing Orders (even if you are not actually covered by standing orders, it will be a good reference of general practice in the industry). The generally accepted practice where nothing is specified is that notice would be 1 month except for those under probation.
From India, Mumbai
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Thank you, Mr. Banerjee. Actually, my query was regarding an employee who was on leave from 10 to 15 June and returned on the 14th of June. On the 14th of June, he submitted his resignation letter. In the resignation letter, he requested that his resignation be accepted from the 12th of June. Is it acceptable to process his resignation from the 12th of June?
From India, Delhi
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From India, Delhi
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As most of the HRs have mentioned, a resignation should be considered effective on the date on which the candidate has submitted it. It should also be attested with Received and Accepted dates to ensure a smooth removal procedure. Additionally, leaves should not be counted as part of the resignation.
Furthermore, I would like to suggest including a Notice Period in your policy to prevent any sudden departure of key personnel.
Thank you.
From India, Ahmadabad
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Furthermore, I would like to suggest including a Notice Period in your policy to prevent any sudden departure of key personnel.
Thank you.
From India, Ahmadabad
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How can you receive the letter on the 14th of June and sign/accept his resignation on the 12th of June? The resignation can be received on the 14th of June and can be accepted either on the 14th of June or on the day of resuming his duty, but not backdated. I suggest you accept his resignation when he resumes duty, as one must be loyal to the employer rather than a fellow friend.
Regards
From India, Ahmadabad
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Regards
From India, Ahmadabad
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Withdrawl of Resignation and Notice period.doc
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