Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Kishorkulkarni
Law Practice
Rdsyadav
Educator, Management Consultant & Trainer
KIRTI28.AUTI
Hr -executive
Regiusglobalhr
Hr Consultant
+5 Others

Hi All,
Please help- An employee who worked with us for almost 2 years suddenly left the organization without serving the notice period and on a bad note. Did not complete her responsibilities and was behaving indifferent since many days. She took an appraisal few months back as well.
After 4-5 days she sent us the resignation stating that she spoke to the HR dept (which she did not).
Kindly tell us if we are bound to give her the relieving documents with the salary?
Regards,
Gazal Kalia
HR Manager
Dear Gazal,
As a HR Manager you are well aware that abandonment of service is certainly a misconduct warranting disciplinary action. In addition to that you've alleged that she also failed in her responsibilities. If all such facts are true and a strong desire prevails that employee exit should be strictly as per the established rules of the organization, well, you can refuse to accept her belated resignation and initiate disciplinary action and decide the matter accordingly instead of pondering over as to issue relief documents as usual or not..
An employee has to complete his full and final formalities after putting a formal resignation. And a resignation has to be accepted first by by his/her reporting manager. which is followed completion of FNF formalities and exit interview. only then reliving letter is issued by HR.
You have to take appropriate disciplinary action against the erring employee for her absconding from duty/ unauthorised absence and failure to discharge her assigned duties and responsibilities.
you can send her intimation letter stating if you don't complete your resignation formalities and if you dont settle your dues within specific period we wont be able to provide you reliving of Experience letter.
Try and send her 3 intimation letters and if she does not respond you can send her termination letter.
Dear Ms Gazal,
Its not right to do wasteful and unproductive work like this. Anyway, what is there if you take all through disciplinary proceeding and finally terminate her with one month salary/ wages. You should quickly close this chapter - accept the resignation without delay else she may withdraw and engage you into writing letters , replies etc for no better administrative alternatives.She deserves relieving certificate with remark- resignation nothing less or more.
Best wishes,
RDS Yadav
Labour Law Reporter
Director-Future Instt of Mngmnt and Technology
and not to beat bush
Dear Ms Gazal,
Its not right to do wasteful and unproductive work like this. Anyway, what is there if you take all through disciplinary proceeding and finally terminate her with one month salary/ wages. You should quickly close this chapter - accept the resignation without delay else she may withdraw and engage you into writing letters , replies etc for no better administrative alternatives.She deserves relieving certificate with remark- resignation nothing less or more.
Best wishes,
RDS Yadav
Labour Law Reporter
Director-Future Instt of Mngmnt and Technology
Dear Gazal,
Am also agree with the above comment, it is a waist of time and energy. But, you should send her a registered letter with acknowledgement, asking her to submit / hand over all the company assets. if not, the management may take necessary steps to recover all the damages from your end.
Certain points which need attention. I have gone through the posts which members have very nicely contributed. Still I thought I should comment on certain aspects.
1. I do not approve use of word "absconding" generally very loosly used by Managers. Absconding has a smell of crime who is untraceable or gone under ground by committing crime. Here in this case, the lady employee is absenting herself on work. Can we call her "absconding" ?
2. Whether employer can retain salary of the absentee employee ?
Answer is "No"
3. Whether disciplinary action against absentee employee for her abundanment of service or absence without permission, is necessary or advisable, when she has resigned. ?
Answer No. Dsciplinary action not advisable.
4. By the way, I was wondering which standing orders or rules of discipline have defined abundanment of service as a misconduct? Can anybody show me such a specific provision in standing orders?
I think as a hr (we)company hr u should speak with that employee also. Try to understand her situation also, might be she has some problem (it may be superior, any work related, any family related , might be she isn't getting proper work which she like to do, might be her senior always negated her every suggestions it may happen no? etc) Many time employee does not speak / share their problem with HR, might be her closer friend which work with her in office she/he knows everything.

and second thing you have apprise her performance if she is good in her task, and if you want to retain her then as a HR you can have a word with her, understand her real problem.keeping document in company is not only a solution

This situation happened only one employee, It may happen again with anther employee also,

so my point is we HR most of the time think from management point of view(i said most of the time not always) so kindly talk as a friend with her and try to understand real problem so it will not happen again with her
might be i am wrong but i think if we want to avoid this kind of situation then at least for that as a HR you can have a word with her.
take her in confidence and ask why she did like that .

this is my personal opinion , Might be i am wrong.
Read the comments by many. I wonder if HR needs to accept a resignation as advised by someone posted in the comment. So what if HR does not acknowledge or accept the resignation letter by an employee? Does it invalidate the said resignation? Do you mean, an employee cannot resign due to non-acceptance?I remember when I resigned from my company (when I worked in Malaysia), my resignation letter did'nt ask for any acceptance by HR- why the need?). It's a unilateral action on the part of the employee for terminating his service provided sufficient notice is given. It's done without compulsion and hence why the need for the company's HR to accept (or not accept) his/her resignation. I see no logics in such requirement of acceptance. Anyway, I'm not from HR. It's just a question I post in view of the comments on this matter. Anyone cares to explain this requirement (of acceptance by HR)?
CTFoo, Malaysia
""Anyone cares to explain this requirement (of acceptance by HR)?""
A job is a contract between two parties.
When you join any company as employee,you sign an acceptance letter which spells out terms of employment,which invariably includes-notice period and acceptance by employer of date of cessation of employment.
Therefore no unilateral exit is legally permissible.
Mr. CTFoo,

I wonder, if you have read the description of the original query properly. The description of the query of the author revealed, "An employee who worked with us for almost 2 years SUDDENLY LEFT the organization WITHOUT SERVING THE NOTICE PERIOD and on a bad note. DID NOT COMPLETE her responsibilities and was behaving indifferent since many days."

Your observation would have been justified to some extent when, as per your own statement, "provided sufficient notice is given" by the employee. So, were you the HR executive, what would have been your respose in a case where an employee of your organisation leaves the organisation suddenly without service the prescribed resignation notice, without fulfilling his responsibility of completion of his assigned project, without getting no due certificates from the concerned departments for the assets of the company he would have been holding in his possession? Would you prefer to give relieving and experience letter to that employee?

You cannot set a precedent of indiscipline to be followed by other employees also by taking such things easily, as the querist described in his query. Maintenance of discipline in the organisation is a must.
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