Resignation From An Employee On Probation

Dear Sarita,

You have written that the matter of absence of newly joined employee because of medical reasons is "grave". But I do not find any graveness.

If the employee has worked just for 14 days, and thereafter could not attend the duties due to medical reasons then tell her to submit resignation on medical grounds. Yes, you may invoke the clause mentioned in the appointment letter on termination of employment during probation, but rather than invoking this clause, you tell her to put up letter of resignation. Has her salary been disbursed for the month of Jul 2017? If not, then hold the salary. Tell her to complete normal procedure of separation when she reports for the duties. On completion of the separation process, release her dues during the monthly salary of subsequent month as applicable.

Thanks,

Dinesh Divekar
14th August 2017 From India, Bangalore

Thanks Mr.Divekar for your reply.
The problem is she is not ready to resign mentioning that there is nowhere mentioned on the appointment letter that one has to resign on medical grounds. Salary we have not released yet.Even on our probation clause we have just mentioned that is of 6 months and no where it is mentioned that an employee has to leave on one day notice .
14th August 2017

Dear Sarita,

If in the appointment letter you have not mentioned provisions of separation then you need to revise the appointment letter.

If the employee says that "nowhere it is mentioned on the appointment letter that one has to resign on medical grounds", then her argument is asinine. Each and everything cannot be mentioned on the appointment letter. It is her duty to render the desired level of performance.

Anyway, to handle the oddball like this, you may order the domestic enquiry and tell her to attend the enquiry on specific date. Let her unauthorised absence be proved. On the merits of the enquiry report you can take the disciplinary action. If she responds stating that she is unable to attend the domestic enquiry on medical grounds then hold the enquiry in abeyance.

If you do not wish to conduct the domestic enquiry then let her be on the rolls of the company. As and when she joins, you may conduct the domestic enquiry. Based on the enquiry report, terminate her services.

Thanks,

Dinesh Divekar
14th August 2017 From India, Bangalore

Thanks Mr.Divekar for your prompt and valuable advice.
14th August 2017

Dear Sarita,
Greetings for the day,
Since u mentioned that employee is probationer, and please check what is the probation period if lies within the same u need not to ask to put down his paper. Please Check the term & conditions of appointment what is the notice period i.e of 06 months or of Two months notice period discontinue his or her service with notice pay & other payments which falls under the preview.
Thanks & Regards,
From,
Sumit Kumar Saxena
17th August 2017 From India, Ghaziabad