Employee Left Company Without Getting Clearance & Demanding Salary & Certificate - CiteHR
Statutory Complaince/labour & Employment
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Recruitment/talent Acquisition, Career Counselling

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Dear All,
One of my junior employee works with company for 2+ years. Now in August send one month notice. After sending notice she stops responding to email and telephone calls. She is asking now for experience certificate till 30 September and salary for the same period. Her handing over is still incomplete as she is not responding for calls after mid of August 2010. Please advice.



Hello Gittie,

First of all ensure that you put everything on record--including her absence & the incomplete status of the handing-over.

Inform her that the certificates can be given once she completes the necessary formalities, "as per the needs of the role she was into" [pl remember to put the last few words for sure, or something to that effect, since that would pre-empt HER--rather than the Company--from deciding that she has handed-over everything--NOT THAT SHE WILL DO IT, but why take a chance]. In this context, suggest NOT TO USE the words like--"to the satisfaction of the Company", since that could be a red herring to her in the present situation. And also ensure you or anyone from the Company doesn't take advantage of her in this situation--it's pretty easy to get into that trap [to teach her a lesson, so to say]. Just be fair & to-the-point.

Also, ensure you choose someone who will take-over from her without leaving any gaps--since that would be important in the long-run.

Another thing that strikes me is this: Why would someone who worked for 2+ yrs do such a thing so abruptly? Maybe something happened @ the working level [which HR doesn't know about]? Suggest have a informal telecon or F2F with her to get the real reasons [chose someone who was pally with her when she worked in your company to talk to her]. That is not to say that some people could behave like she did--just want to ensure that you make full use of this situation to benefit the company in all ways.



Please send a letter to her asking her to appear for an exit interview.If not hold the exit interview over phone and close the issue.If the hand over is not of sensitive nature no pint in holding her F & F and Certificates.Think of the good things she has done for your Company.
With Regards
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.

As per your post it is not clear whether she has completed the notice period or not, you have said only she sent one months notice. did she complete one month of serivce after her notice. what were the provisions in offer letter regarding notice period etc. if she had not completed her notice period ask her to pay month salary in lieu of notice period if so in offer letter, complete exit formalities after recieving payment. if not completed notice period and no payment in respect of notice period then send a letter to her for unathorised absence form duties. show her as an absconding employee. if She respond to you then complete exit formalties, with issuance of releiving letter and expirence letter.
Thank you all for valuable advise. She did not complete the notice period and stop responding to calls and emails just after sending her notice in mid of August 2010. Now few things are still pending with her. Company already paid her till August 2010 as she took advance.
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