Sir, I recruited an employee a month back and sent him for quarantine for 14 days and paid a complete salary during his stay in the quarantine. And now, after a month, he has resigned and seeks to be relieved on 04.09.2020. Can the salary for 14 days paid to him for the quarantine period be reversed?
From India, Kannur
From India, Kannur
Resignation is a personal and professional choice of an employee. However, an employee is bound to comply with the exit formalities and policies of the Organization.
Practical advice: If the employee has choosen a date of exit for himself - then please relieve him of his position and current duties in time. FNF statement should be provided to the employee in time and it should correctly reflect the amount that should be deducted for the unserved notice period. All the accrued salary should be paid for the number of days worked - it is the right of the employee to get salary for all the days worked irrespective of work/ assignments given to him/ her - and it is illegal to withhold salary without a policy justification. Relieving letter should also be provided to the employee, after all the formalities have been done.
The net balance of salary payable and pay for unserved notice period - will determine the fact that what can be legally recovered from the exiting employee.
Please be respectful and professional in your dealings. Do not try to be professional police and relieve the employee in a amicable manner.
From India, Delhi
47Practical advice: If the employee has choosen a date of exit for himself - then please relieve him of his position and current duties in time. FNF statement should be provided to the employee in time and it should correctly reflect the amount that should be deducted for the unserved notice period. All the accrued salary should be paid for the number of days worked - it is the right of the employee to get salary for all the days worked irrespective of work/ assignments given to him/ her - and it is illegal to withhold salary without a policy justification. Relieving letter should also be provided to the employee, after all the formalities have been done.
The net balance of salary payable and pay for unserved notice period - will determine the fact that what can be legally recovered from the exiting employee.
Please be respectful and professional in your dealings. Do not try to be professional police and relieve the employee in a amicable manner.
From India, Delhi
Hi Khushal,
What are your intentions? What is your level in the establishment, are you in position/empowered to take decisions? or only you can propose for consideration & approval. When he has joined and how many days he actually worked?
Nevertheless, the options available to you are among the following.
1.Close the matter and forget what has been paid and what is payable(if any.)
2.To close the issue, you may consider following the necessary HR protocol -
i) Have you marked him present 'on quarantine'? and you will treat him absent for the days not present till date?
ii) What about the probationary period compliance. No work no pay??!! If so, he would be treated as 'not completed the probation satisfactorily' and therefore will be treated as terminated??
iii) What did you do with the resignation he submitted, did you process it and approved it?? I think you have not communicated to him about your decision on this.
v) If your terms of appointment permits 'one month' advance notice for resignation on either side. I think it's already one month over. If so, accept the resignation and issue a relieving letter.
3.If you wish to recover the cash equivalent of Notice period, not served(actual work) then you have to issue a letter to remit or serve, and act there upon.
4.I hope your unit resumed normal work after 'lockdown'. If you don't want to accept his resignation ask him to report immediately and decide thereafter depending on his response.
5.I think it's not worth taking all the efforts. Clos the matter as "nothing payable/nothing recoverable". This is suggested a practical solution in the days of pandemic vagaries.
From India, Bangalore
What are your intentions? What is your level in the establishment, are you in position/empowered to take decisions? or only you can propose for consideration & approval. When he has joined and how many days he actually worked?
Nevertheless, the options available to you are among the following.
1.Close the matter and forget what has been paid and what is payable(if any.)
2.To close the issue, you may consider following the necessary HR protocol -
i) Have you marked him present 'on quarantine'? and you will treat him absent for the days not present till date?
ii) What about the probationary period compliance. No work no pay??!! If so, he would be treated as 'not completed the probation satisfactorily' and therefore will be treated as terminated??
iii) What did you do with the resignation he submitted, did you process it and approved it?? I think you have not communicated to him about your decision on this.
v) If your terms of appointment permits 'one month' advance notice for resignation on either side. I think it's already one month over. If so, accept the resignation and issue a relieving letter.
3.If you wish to recover the cash equivalent of Notice period, not served(actual work) then you have to issue a letter to remit or serve, and act there upon.
4.I hope your unit resumed normal work after 'lockdown'. If you don't want to accept his resignation ask him to report immediately and decide thereafter depending on his response.
5.I think it's not worth taking all the efforts. Clos the matter as "nothing payable/nothing recoverable". This is suggested a practical solution in the days of pandemic vagaries.
From India, Bangalore
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