praket
Respected Seniors
It is to apprise that , one of my colleague was on leave for five days. One day he came to the office and submitted his resignation letter from back date.My query is wether his resignation from back date would be considered. Plz help me this regard.
Regards......

From India, Delhi
saswatabanerjee
2392

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
fc.vadodara@nidrahotels.com
734

Apart from what Mr. Banerjee told, put a remark on the resignation letter that "Received and Accepted on dated --------------". Also make sure that if the leave was not sanctioned you can term the leave as LOP. If the leave was sanctioned then the resignation during leave period is not valid even in the court of law.
From India, Ahmadabad
loginmiraclelogistics
1075

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Is it not a good idea if only "endorse it received on........." subject further processing" and leave the acceptance matter to be dealt separately ? Because the processing will only commence only there with ref. to notice period etc.

From India, Bangalore
praket
Thanx for valuable suggestions but we don’t have notice period
From India, Delhi
saswatabanerjee
2392

"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 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 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
praket
Thanx Mr. Banerjee actually my query was that if an employee was on leave i.e from 10 to 15 June and came on 14th June. On 14th June he submitted his resignation letter. In resignation letter he requested to accept his resignation from 12 June. Wether his resignation is acceptable from 12 June or not?
From India, Delhi
jpatadiya
11

Praket,
As most of the HRs said, resignation should be considered of dated on which the candidate has submitted. It should also be attested with Received and Accepted date. So it won't create any mess in the removal procedure. Moreover, leaves cannot be counted in resignation.
In addition, I would like to suggest you to include Notice Period in your policy to avoid any sudden drop out of important manpower.

From India, Ahmadabad
fc.vadodara@nidrahotels.com
734

How come you receive the letter on 14th June and sign/accept his resignation on 12th June. The resignation can be received on 14th June and can be accepted either on 14th June or the day of resuming his duty, but not on back dated. I suggest you to accept his resignation on his resuming the duty, as one has to be loyal to the employer and not his fellow friend.
From India, Ahmadabad
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