One of the employees has resigned from the job with a notice period, but we allowed him to continue for one more month to complete our project. My query is, can we remove him now from the services as his resignation has already been submitted to us?
From India, Panaji
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From India, Panaji
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Clarification Needed on Employee Resignation Process
Could you please clarify the role of the employee? What is the duration of the notice period he is required to submit? Did you issue him a resignation acceptance letter? Or did you issue any communication regarding an extension of one more month in writing?
Please provide details so that a proper reply can be sent.
Thanks,
R. K. Nair
From India, Aizawl
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651Could you please clarify the role of the employee? What is the duration of the notice period he is required to submit? Did you issue him a resignation acceptance letter? Or did you issue any communication regarding an extension of one more month in writing?
Please provide details so that a proper reply can be sent.
Thanks,
R. K. Nair
From India, Aizawl
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Hi,
You allowed him to continue with you for one more month to complete your project after his resignation?
After resigning and completing the notice period as per general employment conditions, the employee deserves to move on, and the employer needs to release him with his dues/F&F respectively.
Since he has stayed for one more month with you just to complete your project work, ideally, he should have left on his own accord as he has already taken action by resigning. However, since he has not done so, you need to ask him whether he wishes to continue with you or leave. If he wants to go, you need to release him immediately; otherwise, he can be reappointed.
In simple terms, you cannot remove him from the job as he is already free from employment conditions and is now an ex-employee. You need to inform him that he can stop coming as the work for which he was requested to stay longer has been completed, along with his F&F statement and dues. You can also ask him to come later for his F&F, if required.
From India, Gurgaon
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You allowed him to continue with you for one more month to complete your project after his resignation?
After resigning and completing the notice period as per general employment conditions, the employee deserves to move on, and the employer needs to release him with his dues/F&F respectively.
Since he has stayed for one more month with you just to complete your project work, ideally, he should have left on his own accord as he has already taken action by resigning. However, since he has not done so, you need to ask him whether he wishes to continue with you or leave. If he wants to go, you need to release him immediately; otherwise, he can be reappointed.
In simple terms, you cannot remove him from the job as he is already free from employment conditions and is now an ex-employee. You need to inform him that he can stop coming as the work for which he was requested to stay longer has been completed, along with his F&F statement and dues. You can also ask him to come later for his F&F, if required.
From India, Gurgaon
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One of the employees has resigned from the job with a notice period, but we allowed him to continue for one more month to complete our project. My query is, can we remove him now from the services as his resignation has already been submitted to us? Absolutely no problem.
Presuming that the original resignation is accepted and notified to the employee accordingly. The relieving letter has to be dated to notify the original resignation letter and the end of the notice period thereof. The extra month that he has worked does not count towards anything. Just pay him his due for the month he has put in through a separate payment and do not club it with his full and final. Hope it helps.
Regards,
Robin Varghese HR Consultant, New Delhi [Phone Number Removed For Privacy Reasons] [Email Removed For Privacy Reasons]
From India, Delhi
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Presuming that the original resignation is accepted and notified to the employee accordingly. The relieving letter has to be dated to notify the original resignation letter and the end of the notice period thereof. The extra month that he has worked does not count towards anything. Just pay him his due for the month he has put in through a separate payment and do not club it with his full and final. Hope it helps.
Regards,
Robin Varghese HR Consultant, New Delhi [Phone Number Removed For Privacy Reasons] [Email Removed For Privacy Reasons]
From India, Delhi
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The query is about relieving a person who has already resigned from his job and has been asked to continue for one more month to complete some assigned tasks. Can such an employee be removed from the service despite having submitted their resignation? I don't see the relevance of the following questions raised by Shri R K Nair - such as, what is the role of the employee and what is the duration of the notice period required to be submitted?
Have you issued a resignation acceptance letter to him? Or have you communicated the extension of one more month to him in writing?
In my opinion, once an employee resigns from their post, they can withdraw it at any stage unless it is accepted with intimation. If the management has accepted the resignation, the employee can be removed by settling their full and final dues for the extended period of one month.
Suggesting to pay the salary through a cash voucher for the extended period and not providing related benefits for this period is not advisable as it is illegal. The date of leaving mentioned on the experience letter and other documents will be the actual removal date.
Regards,
P K Sharma
From India, Delhi
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Have you issued a resignation acceptance letter to him? Or have you communicated the extension of one more month to him in writing?
In my opinion, once an employee resigns from their post, they can withdraw it at any stage unless it is accepted with intimation. If the management has accepted the resignation, the employee can be removed by settling their full and final dues for the extended period of one month.
Suggesting to pay the salary through a cash voucher for the extended period and not providing related benefits for this period is not advisable as it is illegal. The date of leaving mentioned on the experience letter and other documents will be the actual removal date.
Regards,
P K Sharma
From India, Delhi
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Handling Resigned Employees
Employees should be released if it is not really necessary to hold them. Sometimes, resigned employees can spoil the working environment and may also pose a threat to organizational confidentiality. Since the employee has already resigned and is ready to leave, you can provide a departure date.
However, if the employee wants to stay until the notice period ends, and you wish to remove them as soon as possible, you might have to compensate him/her as per the clause in the offer letter or company policy.
From India, Mumbai
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Employees should be released if it is not really necessary to hold them. Sometimes, resigned employees can spoil the working environment and may also pose a threat to organizational confidentiality. Since the employee has already resigned and is ready to leave, you can provide a departure date.
However, if the employee wants to stay until the notice period ends, and you wish to remove them as soon as possible, you might have to compensate him/her as per the clause in the offer letter or company policy.
From India, Mumbai
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As Mr. Sharma said, it is very much correct, and I too agree with this. Once the employee submits his resignation by complying with the terms of the appointment order, the employer cannot take any action against the employee. On the contrary, he can request, if possible, to stay one more month, but you cannot force him. He must have already planned his alternate job, which should not be hampered.
Employee-Employer Relations
The relations between employees and employers should be cordial and based on mutual advantages. An outgoing employee should leave the organization happily.
Regards,
Adoni Suguresh
Sr. Executive (Personnel, Administration & Industrial Relations)
Labour Laws Consultant.
From India, Bidar
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Employee-Employer Relations
The relations between employees and employers should be cordial and based on mutual advantages. An outgoing employee should leave the organization happily.
Regards,
Adoni Suguresh
Sr. Executive (Personnel, Administration & Industrial Relations)
Labour Laws Consultant.
From India, Bidar
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While seeking an appropriate answer for a legal question created by the twists and turns of factual events, I think the questioner must carefully present the entire sequence of events. The employee submitted his resignation and fulfilled the notice period obligation. Was his resignation formally or officially accepted, subject to the condition of completing the pending work within a period of one month or so? If yes, you can relieve him forthwith after paying him all terminal dues plus the salary for the extended period of service actually rendered by him. I think you plan to deny him salary for the extended service on the wrong premise that it was he who caused the backlog during his notice period. Please, don't do this!
From India, Salem
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From India, Salem
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Withdrawl of Resignation and Notice period.doc
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