Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional

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Dear Colleagues,
one of our employee has taken leave informing through SMS due to his personal problems for two days after extended this leaves without mentioning any days informing same problem through SMS but his reporting manager called asked him to confirm his continuity or take final final decision without any further extention of leave.
employee sent his resignation through mail without giving any notice period and immediate relieve due his problems.
Now He is asking for Full and Final Settlement and service certificate.
please suggest because he worked for HR department and decision has to take by management.

For taking a decision:
What is the exit policy of the company as per appointment order?
How long did he work?
Was he supposed to give notice?
If notice period is mandatory, adjust his F & F by deducting from his pay amounts due to company.
Service certificate can be given along with F& F.

As per his appointment Letter he supposed to work for Four years, within four years if he left the organization he supposed t give three month notice or three month salary in lieu of notice period but they are continuing the same policy after four years also without any communication to employees he worked around 9 years and left the organization giving resignation due to his unavoidable personal problems.
As per my knowledge service certificate must to give to any employees who served the Org for One Year.

Dear Saibaba,
In the matter pertaining to sanction of leave to probationers, of course the leave-sanctioning authority has to be humane and considerate to some extent taking into account the totality of the unavoidable circumstance faced by the individual. However, it is not right on the part of the individual particularly when he belongs to the HR Department to take advantage of the earlier concession and put down his papers in stead of formally communicating the reasons for the extension of his leave in a convincing manner. In such a situation, if at all not to mar his future career, any prudent management would only accept his sudden resignation subject to the notice conditions of foreclosure of the contract of employment. I don't know what kind of suggestions you expect from others in this regard!

Sir,
Present organization not ready to agree and relieve him without notice and insisting him to work for one month and completing all the handover formalities but at his present condition he is unable to work with the same company.
please suggest on the following doubts :
1) is there any career effect as he had long service with his present organization without Service Certificate as his salary depositing in Bank account.

and one more point there is any remark in his service with company.
Sorry that I mistook the individual to be a probationer. Even otherwise my previous observations still hold good. I think that his resignation has not yet been formally approved. If your additional information is correct, the management can not insist on the notice period of 3 months stipulated in his appointment orders as the individual had already completed more than the stipulated service period of 4 years. When the management has not formally modified the notice conditions subsequently and did not make it known to the employees, their stand is not legally correct. But they can still insist on the employee's handing over of his charges as a precondition for the acceptance of his resignation and F&F settlement.
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