Hello All, :)
One of my employees resigned on 2nd August, 2008 it was Saturday, so it was holiday for us.
Now after convincing the employee, he agreed to take the resignation back and mailed that he want to continue on 5th August, 2008.
Now everything is fine, i considered those days in which he was absent as without pay. that means i deducted salary for 2nd, 3rd and 4th August, 2008. as he rejoined from 5th Aug, 08.
Now he was arguing that he should get the salary for 2nd and 3rd as those were off for us. and as we have not sent any acceptance for his resignation also.
As per my views his salary should be deducted from the period he resigned to the period he joined. Please clarify as out of 3 days 2 were weekly off. so should i pay him for those 2 days or not.:confused:
Waiting for prompt response from your side.:)
Regards,
Shweta Swarnkar
From India
14One of my employees resigned on 2nd August, 2008 it was Saturday, so it was holiday for us.
Now after convincing the employee, he agreed to take the resignation back and mailed that he want to continue on 5th August, 2008.
Now everything is fine, i considered those days in which he was absent as without pay. that means i deducted salary for 2nd, 3rd and 4th August, 2008. as he rejoined from 5th Aug, 08.
Now he was arguing that he should get the salary for 2nd and 3rd as those were off for us. and as we have not sent any acceptance for his resignation also.
As per my views his salary should be deducted from the period he resigned to the period he joined. Please clarify as out of 3 days 2 were weekly off. so should i pay him for those 2 days or not.:confused:
Waiting for prompt response from your side.:)
Regards,
Shweta Swarnkar
From India
Hi Shweta, If you do not have an ACCEPTED signature from the management on his resignation letter then you need to pay him. Geetha
From India, Coimbatore
From India, Coimbatore
Yes,
The employee is eligible for two off days and not eligible for wages for one day.
Resignation is a mode of putting an end of the contract of service by the employee like termination of service is the mode of putting an end by the employer and either of them does not require or need consent or acceptance of the other. In fact, resignation is an offer by the employee to the employer to leave the service and does not amount to termination till it is accepted by the employer. It is however to the employee to withdraw or revoke the offer till it is accepted, but such revocation or withdrawal is to be communicated prior to the acceptance of resignation.
Since in this case the that the Management has not accepted the resignation before withdrawal of the same by the employee.
Hope the above clarifies.
From India, Delhi
The employee is eligible for two off days and not eligible for wages for one day.
Resignation is a mode of putting an end of the contract of service by the employee like termination of service is the mode of putting an end by the employer and either of them does not require or need consent or acceptance of the other. In fact, resignation is an offer by the employee to the employer to leave the service and does not amount to termination till it is accepted by the employer. It is however to the employee to withdraw or revoke the offer till it is accepted, but such revocation or withdrawal is to be communicated prior to the acceptance of resignation.
Since in this case the that the Management has not accepted the resignation before withdrawal of the same by the employee.
Hope the above clarifies.
From India, Delhi
Hi Shweta, I think u have to pay the salary for the two days bcoz the resignation has not been accepted by the company, so he was ur employee at that point of time. Warm Regards, Yukti
From India, Delhi
From India, Delhi
I am not sure, what made you to think that you should deduct his salary. I think it’s a normal case of you going for weekend on Friday Evening and joining back on Monday. If he has worked till Friday, 01st August and with-drew his resignation before 04th August and joined back on Monday, why you should be deducting his salary?
You should be paying him his full salary without any deduction.
Thanks.
From India, Mumbai
You should be paying him his full salary without any deduction.
Thanks.
From India, Mumbai
you have give the two days salary.
Because the management is still unaware about his resignation. You have not forwarded his resignation letter and that is not approved by your mgmt.
So he is still in the job.
From India, Kochi
Because the management is still unaware about his resignation. You have not forwarded his resignation letter and that is not approved by your mgmt.
So he is still in the job.
From India, Kochi
Hi Shweta,
Having had a fair bid of exposure in Asia and now India , I fail to understand as to the mode of resignation as I have always only accept that resignation must be officially signed and would not in any way accept ant other form of mail. Whatever the case maybe, you have agreed that the incumbent will withdraw his resignation and as such this only means there is a continuation of service however I would suggest that for days where he was not gainfully employed it should be considered no pay leave or deduct from his annual leave which is within your contractual right. However if you do value the person this should be reviewed in a different manner where the person was given time off to reconsider his decision.
From Malaysia, Cheras
Having had a fair bid of exposure in Asia and now India , I fail to understand as to the mode of resignation as I have always only accept that resignation must be officially signed and would not in any way accept ant other form of mail. Whatever the case maybe, you have agreed that the incumbent will withdraw his resignation and as such this only means there is a continuation of service however I would suggest that for days where he was not gainfully employed it should be considered no pay leave or deduct from his annual leave which is within your contractual right. However if you do value the person this should be reviewed in a different manner where the person was given time off to reconsider his decision.
From Malaysia, Cheras
Hi Shweta,
You should pay him for 3 days(mould your policies if it doesn't allow you to do so).
As his resignation was not accepted,it can be considered that he is continuing his old job & can be treated as leave.More than this,you should acknowledge him as he has changed his mind & decided to continue his current employment.It can be a good example for other employee's of your organization too if you are able to pitch it in a positive way.
From India, Pune
You should pay him for 3 days(mould your policies if it doesn't allow you to do so).
As his resignation was not accepted,it can be considered that he is continuing his old job & can be treated as leave.More than this,you should acknowledge him as he has changed his mind & decided to continue his current employment.It can be a good example for other employee's of your organization too if you are able to pitch it in a positive way.
From India, Pune
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