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Dear Seniors,

I would like to have your expert opinion on the above cited subject. For an instance an employee resigned from the services. Employer wants the employee to serve two months of notice period but the employee wants to be relieved in a month and rest one month notice period to buy back. Employment standing order not there.

Employee sent the resignation through mail is it enough or acknowledgement required from the employer (as sent digitally & automatically received by the employer)

Employer didn’t relieved the employee in a month and after a month employee stopped coming to office. Now employer wants to send notice for absenteeism then termination on basis of this.

Is it legally correct to issue termination on the above case? Kindly advice.
13th September 2017 From India, Bhubaneswar

Dinesh Divekar
Business Mentor, Consultant And Trainer
Abedeen7
Assistant Manager Human Resources
Nileshcb
Hr Proessional
+1 Other

Employee has resigned and served a month notice. Hence legally this will not be a case of termination.... however you can send him a letter for handing / taking over process, for which you can hold his F&F settlement and relieving letter....no further you can do in this case.
13th September 2017 From India, Mumbai
Dear Abedeen,

We need to know two vital things. What provisions have been mentioned about the payment in lieu of notice period? Many times employers reserve the right to accept or reject the payment in lieu of the notice period. How are the provisions in your case?

Secondly, when you received the letter of resignation and when employee asked for the payment in lieu of incomplete notice period, did you clarify your position properly through written letter to him?

Lastly, if the employee stopped reporting for the duties, then did you issue the letter for absenting from the work?

While terminating employee is easy, it is important to maintain proper documentation in each case. Therefore, even now also,
order domestic enquiry for the unauthorised absence from the work by the employee in question and send a letter to him to attend the enquiry. If he fails to turn up for the enquiry, order the enquiry once more. If he fails to turn up for the second enquiry, your management may terminate the services of the employee.

Thanks,

Dinesh Divekar
13th September 2017 From India, Bangalore
Dear colleague,

The concerned employee has resigned by giving incomplete period of notice.In the absence of written refusal of acceptance of the same by the employer, to treat the employee as unauthorisedly absent as sought to be done in this case is not only far-fetched but also will appear patently vindictive.

Legally it will not stand if contested and therefore, it may be prudent to settle this amicably.

Regards

Vinayak Nagarkar
HR-Consultant
14th September 2017 From India, Mumbai
Once the employee has sent the resignation letter, the employer should reply to the e-mail as early as possible. It is a notification to the employee and he will come to know about the actual scenario.
15th September 2017 From India, Bengaluru
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