Tsivasankaran
Consultant
Bijay_majumdar
Freelancer
Apex Management
Labour Laws Consultants
+3 Others

Thread Started by #Tanisha Ramnani

Hello Sir,
I am HR in a private organization. Here in our organization employee have to work for 30 days after giving resignation. But one of our employee was on leave without any intimation and today all of sudden we have received his resignation. Now management has decided to send him termination letter. Please guide what should be procedure for same. Can company stop his payment? or any other laws pertaining to this? Please provide me with legal clause or policy pertaining to the subject.
Thanks and Regards
Tanisha
12th April 2018 From India, Noida
Dear Tanisha,
This has with reference to your query regarding resignation from the service without serving notice.
As you have said in your text, its a practice in your company to served 30 days notice before leaving or resigning from the service. And I believe you would have mentioned the same clause in your employees contract agreement or appointment letter and same shall be acknowledged by your employees and recorded by you.
Based on the above said clause, you can deduct his 30 days salary in lieu of notice from his full & final settlement and release him from the service.
About termination of service; you have to reject / not accept his Resignation in writing and send him a call letter stating to report the duty in 2 days from the receipt of the call letter.
He may report or not it dose not matter, you can initiate further disciplinary procedure up to the termination.
Please note, If you terminate the employee after following due process of disciplinary action; to secure future challenge, you have to pay him one month average salary in lieu of notice period. (Reference to notice period clause in employee contract agreement / appointment letter)
Further, to understand detailed procedure of disciplinary action please co-ordinate with you company legal team or legal adviser.
12th April 2018 From India, Mumbai
Dear Madam Tanisha,
It would be fruitless exercise to follow disciplinary action in this case which may suffer from legal infirmities.
First of all , what is the misconduct? Will failure to give one month's notice be such a serious misconduct which will warrant dismissal?
Besides if domestic enquiry is instituted, will he attend it after having left the job?
All these, will pose practical and legal hurdles and may not be worthwhile to go through.
Better to adjust one month's salary against his dues and be done with it.
Regards
Vinayak Nagarkar
HR-Consultant
13th April 2018 From India, Mumbai
Dear Tanisha,
You are telling that employee has to work for 30 days after giving resignation. Whether this 30 days notice is a practice or a service condition of the employment. In the instant case you reply the employee that his resignation has been received at our end and your employment would come to an end on date......(30 days from the date of receipt), if you are failing to serve the notice period the management would adjust one month pay from your full & final. The advice of Mr Nagarkar to be follwed.
13th April 2018 From India, Mumbai
#Anonymous
Thank You so much team for guiding me in this matter. Below mentioned is the clause relating to the notice period which is mentioned in appointment letter.
'If you wish to resign from the organization you shall be required to give one-month notice to the company. The organization reserves the right to recover gross emoluments in lieu of notice period. The organization may at its discretion relieve you from such date as it may deem fit even prior to expiry of notice period. On acceptance of notice you will be required, before you are relieved, to hand over all files, data, disks, literature etc. Including copies thereof, if any and obtain No Dues certificate'
another clause relating to notice period from oranization
After confirmation, your services shall be liable to be terminated on
30 days notice or salary in lieu of, except on disciplinary grounds in
which case no such notice or payment in lieu thereof shall be
necessary
Today I am sending reply for his resignation that your resignation is not accepted and he have to report the duty in 2 days.
Please guide me on the basis of above mentioned clause. What should be our next step?
Thanks & Regards
Tanisha
13th April 2018 From India, Noida
Draw attention to the clauses relating to exit.
Your letter should be specific and to the point.
No extra sentences to be used.
Then tell him his resignation is not accepted due to violation of ----(specific -clause )and ask him to join back by a particular date
If he fails to do so,adjust his dues with notice period dues and end him balance if any or ask him to pay back dues.
Relieve him from duty at that stage after confirming that he holds no company property,data,laptop, pendrive etc.
Letter should be send by email and also by Speedpost to be sure of delivery of the letter.Proof of delivery by speedpost can be obtained by using tracking facility of speed post.
13th April 2018 From India, Pune
Dear Tanisha Madam,
The relevant clause relating to the notice period above quoted does not state that you have right to refuse acceptance of resignation. On the contrary it provides for recovering one month's salary in lieu of notice. Therefore, it is improper on your part to convey refusal as well as asking him to report which is not part of the terms of employment.
You may be landing yourself in potential dispute.
Regards,
Vinayak Nagarkar
HR-Consultant
13th April 2018 From India, Mumbai
If you have already decided not to accept his resignation, then what is the need to bring the issue here for consultation.?
I will go with Mr Vinayak Nagarkar's advice on this subject
If your intention is to stop payment to him, you can do so even now without any issue.
If your intention is to terminate him, then what is the indiscipline he has committed? His absence from work is the indiscipline and termination may be considered as a severe punishment for the first time offenders.
He does not want to work with you...and you do not want him...he has given resignation letter...then why complicate? Accept and deduct 30 days salary towards notice period.
T Sivasankaran
13th April 2018 From India, Chennai
Dear all,
When the employee is intended to resign, one should avoid legal complications like asking him to join and then issue show cause notice etc.etc.,. It is better to deduct his one month's salary in lieu of notice pay in accordance with the terms of letter of appointment.
Regards
13th April 2018 From India, Delhi
Accept resignation with clarity on full and final settlement.Close the file with proper recordings and written statements so that he does not revert with any demands or action in future.
14th April 2018 From India, Vadodara
Thank you team for your valuable guidance for the above matter. As per your guidance we have closed the file with full and final settlement. Management has told me only one thing that find out the reason that why he has left our organization all of sudden and this should not be repeated.
18th April 2018 From India, Noida
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