There is no question of not paying him....you have to pay. He was definitely an Active Employee of your company during that period whether his resignation was accepted or not. He has every right to sue you if you withdraw his payment.
yes, you have to pay for the all days. because your management only convincing the employees to be taken back. please treat as this special case, pay for the all the days otherwise the employee got upset if u r deducted his salary. then he rethinking again about his resignation.
if u feel that employee his valuable for your company go head and pay for all the days.
thanks
radhisaran
From India, Madras
if u feel that employee his valuable for your company go head and pay for all the days.
thanks
radhisaran
From India, Madras
Hello Shweta,
As per my views until and unless the employer is accepting the
resignation that means the process is incomplete and you can not treat
him as a resigned employee. In the same case if you have accepted the
resignation and issued the release letter to him and after that if he
decided to join again then you could have treated the same as a break
in service. But in these particular case as you have not accepted
his resignation so you can not treat this as a break in service
and so it is improper to deduct his salary. In this particular
case i feel you have to treat 2nd and 3rd as off days and 4th august
should be considered as a leave day provided he submits a leave
application.
So I don't think that it is a suitable decision to deduct his salary
and somehow it is very demotivating practice.
Regards,
Saptarshi Dasgupta
Asst. Manager-HR
Transafe Services Ltd.
From India, Calcutta
1As per my views until and unless the employer is accepting the
resignation that means the process is incomplete and you can not treat
him as a resigned employee. In the same case if you have accepted the
resignation and issued the release letter to him and after that if he
decided to join again then you could have treated the same as a break
in service. But in these particular case as you have not accepted
his resignation so you can not treat this as a break in service
and so it is improper to deduct his salary. In this particular
case i feel you have to treat 2nd and 3rd as off days and 4th august
should be considered as a leave day provided he submits a leave
application.
So I don't think that it is a suitable decision to deduct his salary
and somehow it is very demotivating practice.
Regards,
Saptarshi Dasgupta
Asst. Manager-HR
Transafe Services Ltd.
From India, Calcutta
hiii you should pay him, i hope ur query has been cleared with our friends explanation. best regards, Ishrat Khan
From India, Mumbai
From India, Mumbai
Hi Shwetha, The employee has to be paid for all the three days, as he has joined back and for those two days everyone else is also getting paid. Regards, Aruna
From India, Bangalore
From India, Bangalore
Hi,
You consider the particular person as a valuable employee and tried and retained him. If u cut his salry for this 2 days , that may be enough reason for himto reconsider his decision and it will finally prove as bad for you.
If u dont pay for those days ,he will be losing that money because he revoked his earlier decision listening to ur words.
This is what from the employee's perspective. You can either ignore as he had not submitted the resignation and hence there is no question of deducting the salary or u can consider those days as leave , incase still u cant consider so.
But anyway if u deduct the salary for those 2 days, it will go against you, ultimately.
Sandeep
:)
You consider the particular person as a valuable employee and tried and retained him. If u cut his salry for this 2 days , that may be enough reason for himto reconsider his decision and it will finally prove as bad for you.
If u dont pay for those days ,he will be losing that money because he revoked his earlier decision listening to ur words.
This is what from the employee's perspective. You can either ignore as he had not submitted the resignation and hence there is no question of deducting the salary or u can consider those days as leave , incase still u cant consider so.
But anyway if u deduct the salary for those 2 days, it will go against you, ultimately.
Sandeep
:)
It is a question of legal nitty-gritty versus sagacity of management. if you persuaded him to take back his resignation and restored his continuity of service; the question of whether it should be leave without pay or not becomes a minor issue. Since you are not issuing a fresh appointment letter, you may as well consider his leave as paid leave to build the bridges (small price) which had broken.
From India, Vadodara
From India, Vadodara
Hi Shwetha
In this case the employee's resignation is not accepted by the management and at the sametime he was asked to continue. Your contention of rejoining does not apply in this case. Hence the days deducted should be paid. Hope the above clarifies.
Regards
Venkat
From India, Hyderabad
In this case the employee's resignation is not accepted by the management and at the sametime he was asked to continue. Your contention of rejoining does not apply in this case. Hence the days deducted should be paid. Hope the above clarifies.
Regards
Venkat
From India, Hyderabad
Dear Sweta,
Since you have accepted the proposal of this employee to continue in your company, it is treated as continuous service without break and hence you can not deduct his salary for 2,3 and 4th if those were the off/holidays for all other employees for which he is also a part.
Joy Christian
Since you have accepted the proposal of this employee to continue in your company, it is treated as continuous service without break and hence you can not deduct his salary for 2,3 and 4th if those were the off/holidays for all other employees for which he is also a part.
Joy Christian
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