#Anonymous

Dear All,
Need your suggestion - very urgent. On request from the reporting manager, related to performance issue, one of my friend has resigned from her present company. That same day her resignation was forwarded to the HR, accepting the resignation that please release her. Without the employee being informed about the LWD or the notice or the Exit Formalities, according to appointment her notice was for 30 days..... Can she be penalised for any recovery pay for her notice period. Post 50 days she has received mail from HR about the recovery pay...Can she take any legal step.....Need your suggestion.
25th November 2016 From India, Kolkata
Dear friend,

There appears to be gap in communication. This gap has occurred because of incomplete communication from both the side - by the resigning employee as well as HR.

When the resigning employee submitted letter of her resignation, did she mention about her last working day? If her notice period was for 30 days then why she did not mention about this in her letter of resignation? Secondly, did she take clearance from all the departments and completed the exit formalities? Submission of letter of resignation is one thing and stopping to attend the duties is another.

On receiving the letter of resignation, did HR Department communicate to her the process of separation? Did they issue letter on acceptance of her resignation?

Learning for other HR Members: - In the theory of communication, we learn that one of the barriers of communication is assumptions. In the case at hand, it appears that both the parties assumed that the resignation is with immediate effect. Whether the resignation is with immediate effect or otherwise, HR should have communicated to the resigned employee. If the employee had stopped attending the work, then why employee was not served show cause notice on abandonment of employment? What is the logic to wait for 50 long days?

This failure in communication may result in face off with the resigned employee. Though HR has sufficient workload, yet they ask for more by doing the incomplete work. This is unprofessional behaviour on the part of HR. It is HR department that is expected to guide all the employees. Here the resigning employee was not properly guided. Whatever outcome of the incident might be, incidents like this vitiate the work atmosphere. It leads to the erosion of the credibility of HR. Rather than getting entangled in jargon like competency mapping or talent management, sooner HR solves these small issues professionally, the better!

Thanks,

Dinesh Divekar
25th November 2016 From India, Bangalore
#Anonymous
Thank you Sir....FYI, This is a listed company Sir.... The resignation (attached) was sent on 3rd October 2016 to the reporting TL and to the Manager at 9:15 am mentioning an early release as she was forced by her TL to resign .[Mail: With all the respects and emotion, I feel sorry to say, that I will not continue in the organization due to some professional reasons. Please accept my resignation as on date (3rd October 2016). Request for the release by today itself.I was in the organization since ___ Dec 2014, by handling ______. I learnt and skilled to endeavor my carrier. I will ever grateful to every colleague, seniors, mentors in this organization for their help, coordination and guidance.I want to thank you for all support] ...The employee received mail (in cc) marked to HR....Resignation accepted ..please release her within 3:41 PM......employees official mail account blocked on 3rd October 2016...On 5th November she received mail from HR regarding the Provesional Relieving Letter mentioning "Please find the attached Provisional Relieving Certificate, request you to help us with the communication address for dispatching the hardcopy".....That mail was revrted on 17th November 2016 with the address as it was festive time.....on 5th November when the employee enquired the HR mailed (on 7th november 2016) it 'll be forwarded to you post 15th November 2016....when again the employee enquired on 22nd November 2016.....The HR reply was... "Regret for the inconvenience caused. We will have this checked and update you to status at the earliest....Hi __________. Request you to help ____ with the POD details"....On that same date again the employee recieves a mail form the HR saying "Since notice period not served, there is notice period recovery done for you in F & F. The same was confirmed by your Manager. That’s why there was no settlement done. PFA pay slip for better understanding. We are sending the recovery letter for Rs. ______ (refer payslip) to you and after receiving the amount the relieving and service certificate will be issued. Please revert for any clarification"....the employee requested the HR to settle with the reporting TL and her manager on 24th Novmber 2016.......on 25th November 2016 8:38AM the employee recieves a HR mail saying .."Your resignation mail (attached) clearly indicates your request for an immediate relieving. This has been agreed by ___(the reorting TL). Notice period recovery too has been explained to you at that time (please see attached mail from ______(TL). Do clear the recovery amount so that we can release the relieving letter and service certificate. Have a good day!".........post that the employee mailed to the Manager and the AVP...no revert yet ......Know my question is should my frined pay the amount and get the release or fight for proper release.....

.. .....your present address.....ro
26th November 2016 From India, Kolkata
#Anonymous
The HR mailed on 25th November 2016, attaching a reporting TL managers mail sent on 22nd November 2016 to the employee's official mail id which was blocked since her resignation (52 days)....now what to do....mentioning all these mails are forwarded to the Manager and the AVP......need your help..
26th November 2016 From India, Kolkata
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