KK!HR
Management Consultancy
Nathrao
Insolvency N Gst Professional
+1 Other

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Hi,
An employee is still under probation and her probation is expected to end on 8th May which is to be decided after a probation review taken at the end of every probation. Her tenure till date is 89 days in the company. Employee messages today (while on leave today) asking for immediate relieving quoting family issues and asking to complete the formalities tomorrow itself.
As per company policy, we do have notice period up to 30 days and there is no such policies that says we accept resignation during absence. Considering that the employee is on project and there is no resources to shadow her work currently, it will be very tough for us to relieve her in a day as it hampers the ongoing project.
Her salary for the month for April is not released yet and we have kept it on hold. I have asked the employee to first be present today in the office and then we shall discuss on this so that i can understand the urgency of the situation.
My doubts:
1. Can I ask the employee to take leaves and return back? If she doesn't agree, then only option left is to relieve her immediately.
2. If i have to relieve her immediately, how do i manage with the final settlement? Should i release it or no? and also regarding the relieving documents?
3. Notice period wont be served, hence how to tackle the situation?
Need immediate suggestions. Thank you in advance.

During probation, notice period time is different.
What was the notice period given in probation letter?
No point keeping an unwilling worker/employee.
Let her comeback and company should let her exit.
Her wages need to be released.

1. Excellent suggestion. Also propose Work From Home option as no shadow resources available.
2. Put it on hold and decide on releasing it after your discussion with her. You may recover losses if any.
3. Recover the loss, if your discussion with her is not successful.

Replies at seriatim are as follows:
1. You should explore all options to retain her in service (like working from home/flexi hours/ short duration leave etc), at least till you are able to make alternate arrangements, looking to your dire necessity.
2. In relieving her immediately, work out all the dues and liabilities on either side and release payments on relieving (and not beforehand)
3. Have clarity on notice period as per service condition. If she does not serve notice period , you have every right to withhold payment due to her to that extent.

Hi all,
Thank you for the your replies. Would like to add on recent information:
The notice period is from 15 days to 30 days which the management decides depending upon how crucial the position is. As she was on project while resigning it is very difficult for us to replace in her place immediately, even if we do we will incur losses until the new employee is trained for this project. The work what this employee was handling is currently on hold with respect to the project and thats again a loss for the company itself. Hence we are stressing up on to serve the notice period so that she can train the new comer. Other wise also she has to serve at least 15 days of notice to be relieved without which we decided to release the salary holding the basic salary and allowances as pay back for not serving notice period. Currently I have put her salary on hold until further discussions are made. She has been granted three days of leave for her to sort the issue hoping that what she stated was genuine though we do not have a control over that.

You inform the employee that management can release her on completion of the assignment only. The employment is not alike the watching of movie that one can leave the hall anytime at wish.
To meet the future call bring the notice period clause in appoinment.

Hi Prabhat Sir,
Thanks for your reply. I told the same to the employee but she is insisting on urgent relieving quoting to mother's sickness and she has to return back to her home town immediately. Even though the policies are against to this, and i have put across that she cannot quit on project, also without serving notice period or any prior intimidation she still insists to quit. Hence sent her on leave. We have to now decide on what she decides post to her leaves.
I have two options with me that i will be putting across to her:
1. Serve the notice period and leave with full and final settlement.
2. We will keep back the salary (basic and allowance) as pay back for notice period not being served.
Also our policies say that one cannot resign on leave or absence from the company. Hence she has to return back to get relieved, else wont it be considered as absconding ??
Please let me know if these two options are right.

The options are right. You have the right to keep the notice period pay in case the employee insists on being relieved without serving the notice period. Your policy that one cannot resign while on leave or during absence does not seem to be a sound policy as there are countless circumstances where one has no option but to resign while being on leave/absent. Hence the circumstances has to seen before deciding on acceptance of resignation, at any rate you can reject the resignation too where you feel the circumstances are not bonafide.
As regards resignation/absconding, in both the circumstances the employees is expressing his feeling that he is no more interested to serve the company any further, overtly in the former and covertly in the latter, both amounting to the same consequence.

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