Vmlakshminarayanan
Sr.manager - Hr&admin

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Can a resignation of an employee be accepted after 90 days? If not, How to go further in this regard where the employee is continuing with the company after submitting 1 month notice period and now he has become a trouble maker for the company.
How to go further in this regard to avoid all legal obligations?

Hi,
Your question is not clear. If the employee has already submitted resignation and was serving more than one month notice why he was not relieved ?
Since the employee submitted resignation any acceptance of resignation note was issued to the employee ?
Whether the employee withdrawn his resignation letter as he was not relieved ?
Not clear.... In any case if the resignation letter submitted by the employee is open, you may communicate to the employee that based on his resignation he will be relieved on so and so date... and full and final settlement dues can be collected on so and so date.... Please keep the correspondence in writing and get his signature in the letter as a token of his acceptance.

Thank you so much for your reply sir,
Actually it was a mistake from employer side,the concerned employee has resigned with one month notice(Notice period end date is 15-09-2019).
Neither we sent an resignation acceptance since then nor he withdrawn his resignation. Now management wants to take action to avoid further delay who has become a trouble maker for the company.
Any sort of communication was not sent to him from our end.
Help me in this regard how to go further avoiding all legal obligations and to close his accounts amicably.
Suggest whether to send acceptance letter ?If not, how to proceed further.
Thanks and Regards,
Santhoshi.M
HR-Executive

Hi,
It is very simple. Resignation from the employee is on his own (i.e) voluntary. Hope the resignation letter is with the Employer and no discussion on retaining him was took place. In that case call the employee to HR thank him for services, inform him that based on his resignation letter he stands relieved w.e.f ____ and he can collect his full and final settlement on___.
In case if he raises any dispute inform him that his resignation letter was under discussion and now approved by employer.

Good Morning sir,
Thank you so much for your suggestion.
As he his working in one of our units of our factory, as per factories act 1948 at this gesture, can we terminate him, If Yes , on what parameter and if not please suggest how to go further in this regard.
Our company is an ethical pharmaceutical company based at Hyderabad.
Thanks and Regards,
Santhoshi.M
HR-Executive

Hi Santhoshi,
That particular employee had submitted resignation already and in the light of the above why you want to terminate him ? What were charges for termination ? What was the misconduct ? I suggest you to relieve him based on resignation and it is not advisable to terminate him and complicate the case.
However in case of any misconduct, fraudulent activity etc you may initiate disciplinary action and follow proper process like warning /show cause notice/ domestic enquiry etc.
Most of the time HR can resolve things just by talking face to face.

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