Termination after resignation
Roshini Arya
(Querist) 02 February 2015
This query is : Resolved
Sir
As per my clients employment policy they have a notice period of 2 months.
Now an employee found guilty of wrong doing was to be terminated but just before that he sent his resignation on email stating he has resigned due to personal reasons.
My client is now obliged to pay him notice pay or ask him to serve notice pay both which is not acceptable.
Hence I would like to know if a person who has resigned then can he be terminated after that without any legal complications.
If there are any legal complications what are they as the employee is asking the company to provide an acceptance of his resignation.
My client has a manufacturing set up.
Regards
Roshini
Devajyoti Barman
(Expert) 02 February 2015
Well, resignation is always subject to acceptance. In the cases you are talking about you can always take the plea of non=acceptance pf resignation and per contra send him a termination letter if the same is a subsequent event.
Even in the case of termination the employee is entitled to his past dues, if any.
Guest
(Expert) 02 February 2015
Ms. Roshni,
After receipt of resignation notice, termination would be invalid, if termination notice is not served prior to receipt of resignation notice. Notice period pay depends upon shortfall of notice period on the part of the employee, if resigned. Notice period pay for the shortfall of notice period on the part of the employer becomes due only if he terminates the employee.
ajay sethi
(Expert) 02 February 2015
agree with Dhingraji
Kumar Doab
(Expert) 02 February 2015
The moment employee has tendered resignation he/she has ended the employer-employee relationship.
Resignation can be without permission and notice.
Does your company seek permission from employee before issuing termination order with immediate effect?
You are at liberty to adjust notice pay in FnF statement and supply it preferably thru
Redg. Post for acceptance and to tender if any amounts are payable by the employee.......
prabhakar singh
(Expert) 02 February 2015
The position is well clarified by learned Dhingra Ji Kumar Doab.
Roshini Arya
(Querist) 04 February 2015
Dear All
Thank you very much for your prompt and elaborate responses.
The given employee who has resigned was under probation and was not confirmed after the probation period.
The same was communicated to him in writing and his acceptance on the same was not taken.
The employment contract between my client and the employee does not mention any specific consideration when an employee is on probation.
Now the employee is ready to serve the notice period but my client does not want him to attend office.At the same time they are not ready to pay him his 2 months salary/performance pay/outstanding bills to set an example of him.
The resigned employee has been mailing and asking time and again for his acceptance and next step post resignation.
Please suggest as the resigned employee has already alerted my client HR that he will take them to a labor court.
Also in terms of any litigation what plea can the employee take against the employer and vice versa.
Awaiting your kind consideration
Deeply obliged
Roshini Arya
Guest
(Expert) 04 February 2015
Ms. Roshini,
Probation or no probation that does not change the legal requirement about resigation or termination of employee. So, very sorry to point out that if your client is not inclined to pay the dues of his resigning employee, you should not have expected from members of this forum to suggest you how illegally your client should get benefitted at the cost of the employee.
Kumar Doab
(Expert) 05 February 2015
Your client may supply FnF statement showing computation of pending salary,notice pay of 2months,all other payouts e.g.Performance pay,expense bills,EL,bonus etc and tender payment of FnF wages....
The employee seems to have consulted his counsel and can lodge complaints..
It is better to close the matter and remain at peace..
