Umakanthan53
Labour Law & Hr Consultant
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Asso.prof.(commerce & Management)

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Can you please guide me how to proceed/close this resignation?
Hi xxx,
We are surprised to receive your resignation email which has clearly stated that you will not serve notice period as required in your terms of employment. For this purpose, we would like to bring to your notice the clause in your appointment letter that states as below : “ As per current policy/practice you have to serve the two months’ notice period as per your appointment letter”.
Your situation could be genuine but there is proper procedure and steps are required to complete your relieving documentation part.
Thanks!
Regards,
Venkatesh,
From: xxx <xxx.com>
Sent: Saturday, January 11, 2020 3:18 PM
To: xyz <xyz.com>
Cc: Venkat Thammana<v.thammanaboina.com>
Subject: Resignation mail
Hi Sir,
Note: This resignation is given in an emergency condition. I can be only do this process from here itself without visiting to the office.
As I informed you that my father is suffering from knee pain and doctor suggested for knee surgery. Before surgery his diabetes and B.P. need to be in control and then surgery can be done. His condition is very critical and due to some family problem, my family wants me to be here at home.
I am sending this resignation mail because it is not possible for me to visit to the office for clearing the process. Please help me to get all the related documents through mail.
Please accept my resignation due to above reason and sanction it.
Thanks,
xxx
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Dear friend,
When you know well that there is a certain period of notice prescribed to be given before your resignation, if you cannot serve the notice period, better you can buy out it by paying the notice salary. That apart you may have to return certain properties entrusted to you by your employer like laptop etc., which forms part of the charge hand-over. No son can be indifferent towards an ailing father's critical condition. But it cannot entitle you to resign your job the way you like. At least, you could have taken your functional head into confidence and informed him before you left or if you have got any leave at your credit, you could have applied for it or even asked for leave on LOP.

Hi Venkatesh,
You may modify your letter proposed to be issued to the exiting staff on contents as suggested by Mr.Umakanthan. Also the first sentence of 2nd para of your draft is not required and can be modified to say what's required to be done in the circumstances only, and failing which what is going to be your options if he fails in compliance as stipulated.

In case, for an employee we are not able to follow this policy like in this case there are chances it becomes a trend and a loop hole(it is very common to use this kind of loop holes once their known).
So shall I send a email to employee to pay the two months salary for relieving documents.

Is there any prescribed format/email to employee the two months salary amount need to transfer company account (for skipping notice period). Or we will get legal problems from employee.
I would suggest you should go by docs pertinent to his apptt and the terms specified therein such as notice period when quitting and other formalities. If the terms of apptt says 2 months of notice period so be it and you can issue notice asking him either to serve the NP or remit the equivalent salary to Co's a/c. I hope you have not sent any communication either accepting or declining the resignation as yet. And also it's better, not only in the circumstances but always, to send communication in hard copy by serve in person or send by post, speed post, regd.post least preferred is by courier. Some times when the matter is taken to court emails are not considered a valid proof.
You should have your HR policy spelt out rightly covering these aspects as well.

If the employee is genuine then you can grant him leave for his father's surgery either paid or without pay taking your management in loop. If you think the employee has just walked out, as to the best of my knowledge for knee replacement the Doctor gives ample time to get surgery, it is not an emergency surgery, take it as absconding case and draft letter asking to give Notice Period or Notice Pay thereof or else the documents i.e. relieving letter will be termed as terminated due to absconding, it wont be smooth exit.
If the employee is ready to pay the notice period salary, how much we need to collect i.e. take-home salary or gross salary? What is the entire process for this transition? His last working day is 31-Dec-2019 so we need to mention in relieving document 31 Dec 2019 his last working or 29-Feb-2020-because he is paying the notice period salary, so we can consider as service for these two months or not?
The Notice Period recovery is for Gross Amount, and with regards to the Last working date will be 31st December 2019 the actual date of his leaving the organisation. The Payment which he has made is a compensation towards not adhering the termination clause as per the employment contract, to the best of my view
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