Improper handover by employee on resignation - CiteHR
Saswatabanerjee
Partner - Risk Management
Bharat Gera
Principal Hr Consultant
Gannahope
Deputy Commissioner Of Labour..a.p.

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Dear All, One of the HR Executives (who was recently made permanent from intern) resigned recently. The resignation had a unilateral notice period. The executive was given some important assignment a month before this resignation. She decided to resign abruptly with 3 days of notice against 1 month mentioned in her offer. The company is a startup and could not pay salary for last three months. Though there is default from the company's side also however it was the employee's choice to stick for 3 months.
While leaving she wrote a nasty mail taking our her frustration entirely on her reporting manager and blaming him in all inappropriate ways. The company is not denying to make payment but just waiting for some funds to come. She has been assured to pay. Her resignation is a normal resignation letter in all good terms thanking everyone for support. However when her reporting manager asked her to finish the job assigned and then leave she blamed it all on him.
Is there any ways that one the company pays her off she should not be given a clear and positive relieving as this will be bad on the manager who did nothing wrong in this context.
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now what do you want pls...not understood well .however u r start up company..she resigned on her own reasons.. accept and let her go . if you want to pay any amount pay it as u like..by clearly say as she violated your work instructions.
no quarrels..let her go...dont put any hurdles for accepting her resignation.you have not removed her. any employee has freedom to work any where as per his or her wish..
so no problem .let her go and select another for your work..ok.
@GANNAHOPE: The manager has let her go. Accepted her unilateral notice too. Just asked her for a proper handover for a work which was assigned a month back. On asking for completion of work she just blasted off the HR Manager inappropriately. To be noted that salary was something to be provided by the company and not by her manager.
This shows like employers have no say in this.
sorry this is purely your dispute..verbal fight i think...for theze types no answer..settle amicably...handover any material or record is primary duty of leaving employee...before accepting resign u should ask.. if already done..if the material not returned by the relieved employee if it is essential..and containing company secrets etc u can issue a comany lawyer
notice giving certain time to hand over..if not turned up lodge a police complaint on cheating case..
if the above record is not imp. leave it...take care in new selection..asking for not work done is a childish act... she wants to resign and went leave her ...no regrets..See always HR should be sharp enough either this or that...no legal battles...headaches..wasteof precious times...
You have not paid her salary for 3 months. She has no obligation to work there for even a day or any obligation to provide a notice period. Your company has violated the terms of employment
The manager may not be the one paying the salary but as far as she is concerned, he is representing the management.
In any case you are on a sticky wicket. A complaint by her will have your company on the mat and if her complaint involves allegation of sexual harassment he will land up in jail
So give her the documents she needs and don't harbour any hope of getting her to complete her notice period or her pending assignment
I absolutely agree with Saswata Bannerjee.
You need to think what is your legal responsibility, what is your moral responsibility and what is your legal and moral responsibility.
The employee was stuck with you for 3 months whereas she should have kicked the job in the second month itself. She committed a mistake by joining you.
By not paying salary to an employee (may be this could have been her first salary in life as full time employee) you created frustration in her. You must remember one thing first salary is extremely dear to an employee.
You may be a Start Up but for her it was also a start up. Some wrong commitment may have been made to her by some one. If you deep dive you will be able to find out.
For you the work may be more important but for her salary was more important. May be she was the only bread winner in her family.
So please issue a proper letter to her and pay her dues. How you pay is your problem.
Warm Regards
Bharat Gera
HR Consultant
9322404765
It is found that violation is made by your organisation for not paying the staff over a period of 3 month. Dear friend no one has there to do the charity. If someone is working means it is for the bread & butter of his/her family.
If your organisation has some monetary crunch and for the reason payments to employees not made should not be discussed at all in open forum. It would be pertinent as many of our friends suggested you to pay the staff instantly & release the staff considering her resignation is genuine.
The reporting manager put finger on a wrong string by asking one to comply the task when someone is leaving job for non-payment issue.
Not paying salary for 3 months is one thing and asking her to do a proper re leaving is another..In which century are U..give her papers wishing her the best
@anonymous:
Thats what the point is. Salary and handover are two different things. The employee should hand over and get relieved.
Dear Anonymous,
You are very sensitive and surgically/clinically analytical when it comes to your own responsibility. Please understand very clearly human needs and human emotions are more important for employees.
For you not paying salary for 3 months is one thing and proper relieving (hand over) is another thing but for an employee who was working for livelihood it is one thing. The employees are very clear in their mind that if you do no perform your side of the bargain, they will not do their side. Management works for profit motive and the employee works for survival. Please put your self in his/her shoes and then think.
This one case, there may be more cases in queue to follow. So please look into the essentials for corrections instead of blaming employee.
Warm Regards
Bharat Gera
HR Consultant
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