This question is for a friend working in a construction firm based in Lucknow, India.
She mailed her resignation on the 21st of March 2020 and from the 23rd of March, our city was under lockdown to prevent the spread of COVID-19.
On the 24th of March, her management responded stating- "In the purview of this epidemic situation of COVID-19, and your resignation, before taking any severe action it is to bring to your kind notice that our offices have already been closed at present. Also, in continuation with your resignation letter, your roles and responsibilities with the company have been temporarily suspended from the day of your resignation till the office reopens."
I want to know -
1. if this suspension is valid (as it was a regional lockdown till 25th of March and now a national lockdown till 14th of April)
2. if she can claim her salary/suspension allowance for the period as it is work from home for all the employees of the organization from 23rd of March 2020.
3. Also, will her notice period extend considering the overall scenerio?
Please note- She is to serve 15 days notice as per company's policy.
From India, Lucknow
She mailed her resignation on the 21st of March 2020 and from the 23rd of March, our city was under lockdown to prevent the spread of COVID-19.
On the 24th of March, her management responded stating- "In the purview of this epidemic situation of COVID-19, and your resignation, before taking any severe action it is to bring to your kind notice that our offices have already been closed at present. Also, in continuation with your resignation letter, your roles and responsibilities with the company have been temporarily suspended from the day of your resignation till the office reopens."
I want to know -
1. if this suspension is valid (as it was a regional lockdown till 25th of March and now a national lockdown till 14th of April)
2. if she can claim her salary/suspension allowance for the period as it is work from home for all the employees of the organization from 23rd of March 2020.
3. Also, will her notice period extend considering the overall scenerio?
Please note- She is to serve 15 days notice as per company's policy.
From India, Lucknow
Dear Anna,
In the back-drop of the circumstances described, the position that emerges is
(a) that the resignation of the employee ( the effective date of the same is omitted in the post) is not yet formally accepted by the employer and
(b) that despite the temporary suspension of her role and responsibilities exclusively at the employer's own discretion in view of the closure of the office premises effective from March,25,2020, the employee still continues in the service of the organization without any work.
Therefore, my answers to your queries are:-
(1) It is not a suspension pending enquiry into certain charges of misconduct nor ahead of any disciplinary action anticipated till the lifting up of the lock down.
(2) There is every indication of implied acceptance of the resignation submitted on March21,2020 from the action of the employer in debarring the employee from work effective from March 24,2020. As such, it can be construed as only a move to block her role in view of her resignation and therefore she is entitled to her full salary as per her contract of employment as any other employee working from home.
(3) Considering the overall scenario thus obtaining as of now, her notice period automatically merges with the lock down period. If the management is not in a position to relieve her for whatever reason during the lock down, they can relieve her as soon as it is over. No question of extending her notice period without salary for it would become a counter offer to the original offer of resignation already submitted.
From India, Salem
6018In the back-drop of the circumstances described, the position that emerges is
(a) that the resignation of the employee ( the effective date of the same is omitted in the post) is not yet formally accepted by the employer and
(b) that despite the temporary suspension of her role and responsibilities exclusively at the employer's own discretion in view of the closure of the office premises effective from March,25,2020, the employee still continues in the service of the organization without any work.
Therefore, my answers to your queries are:-
(1) It is not a suspension pending enquiry into certain charges of misconduct nor ahead of any disciplinary action anticipated till the lifting up of the lock down.
(2) There is every indication of implied acceptance of the resignation submitted on March21,2020 from the action of the employer in debarring the employee from work effective from March 24,2020. As such, it can be construed as only a move to block her role in view of her resignation and therefore she is entitled to her full salary as per her contract of employment as any other employee working from home.
(3) Considering the overall scenario thus obtaining as of now, her notice period automatically merges with the lock down period. If the management is not in a position to relieve her for whatever reason during the lock down, they can relieve her as soon as it is over. No question of extending her notice period without salary for it would become a counter offer to the original offer of resignation already submitted.
From India, Salem
Dear Vikash,
Weekly off is a right emanating from working for certain no of consecutive days in a week. It is, therefore, immaterial whether the work is authorized by the employer to be done from home or at the actual place of work.
From India, Salem
Weekly off is a right emanating from working for certain no of consecutive days in a week. It is, therefore, immaterial whether the work is authorized by the employer to be done from home or at the actual place of work.
From India, Salem
Sir, kindly suggest me if a private limited company discontinued the services of a permanent employee without giving any notice period and valid reason, then what are the rights have been to an employee to get his salary or he/ she can complaint against the company for this during lockdown period, if there is any provision kindly let me know.
From India, Lucknow
From India, Lucknow
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Prolonged Suspension of the employee.docx