abey@comply4hr
Employee Has Resigned And Asking For Early Relieving But Company Is Not Allowing Him To Relieve Early. However, Meanwhile Employee Has Joined Some Other Company In Between Hence What Is The Action To Be Taken By Company
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Rkn61
Hr Manager
KK!HR
Management Consultancy
Abey@comply4hr
Labourcompliance/general Manager

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Madhu.T.K
3767

If the employee has been working as a manager with managerial duties and responsibilities, the act of joining another organisation without proper handing over should be treated as a serious offence. In such case, you can postpone the exit in the official records of EPF until he submits a convincing reply. You can also hold his service certificate and give him a message that he will not be getting a favourable remarks in the background verification. If he was not having any such major responsibilities to be handed over, leave it.
From India, Kannur
KK!HR
1343

Hopefully, you have not accepted the resignation, so it can be rejected as the employee has not awaited to be formally relieved before joining the new place. So, you can take action for abandonment of employment and ask the employee to deposit the notice period salary. You may also consider informing the new organisation where the employee has joined about the abandonment of service and ask them to direct the employee to complete the relieving process. (if you you have the particulars)
From India, Mumbai
rkn61
561

Please share full details. As per the Offer of Appointment issued to him, how many months' notice period is required to be served by him. Please check and initiate action, as per advice by our senior members, shared hereinabove.
From India, Aizawl
ommygautam
66

Only notice period can be recovered and nothing else. Because he is resigning to you and as per appointment letter or standing order, the same can be recovered if the employee/employer fails to complete the notice period.
Second, currently EPF has given an option to the employee to mention his/her exit date. Hence it is not advisable to not mention the date of your exit.
Why are you so sad This is a normal process for an industry. people come and go. You should think that what would have happened if you fired someone without giving notice, you would have paid only the notice pay.

From India, Rudarpur

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