Anonymous
2

Hi Seniors, I am working with a company for the last 3 years, where a lot of confusion is going on during the separation of the employee.

As per the appointment letter, the notice period is 2 months. If the employee fails to serve the notice period he/she has to pay the notice period recovery amount (which is normal & most companies follow the same policy)

Now below are the contradictory points, where I am facing the issues:

1) In this organization, management asked me to calculate the notice period from the date of accepting the resignation.
2) They are asking me not to initiate the exit formalities of the outgoing employee until a new replacement come

My questions are:

1) If the employee is ready to pay the notice period recovery amount, is he/she liable to do the handover formalities?

2) If the employee pays the recovery amount does it really matter whether his/her notice period will get accepted or not? Does the employee still have the right to get his relieving & experience letter?

Now they are asking me to revise the appointment letter with the clause where I need to mention that the notice period will be calculated from the date of acceptance.

I asked them to send me an email communication as I am not the policymaker. can you please suggest if there are any alternate solutions where I can really avoid this situation?

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Nanu1953
Ceo-usd Hr Solutions
Ommygautam
Plant Hr Head
John Chiang
Consultant
KK!HR
Management Consultancy
+1 Other

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Anonymous
2

The topic is "Queries related to Employee separation Process"
From India, Kolkata
saswatabanerjee
2356

There is no rule or law that states the employee needs to wait till you accept the resignation.
Once he gives the resignation, the notice period specified in the appointment letter, or the standing orders (if applicable), will apply.

Even if the employee is willing to pay the notice pay, he will still need to do a reasonable handover. However, it will not apply after the notice period is over. Further, the amount of time taken for the handover will count as working and he does not have to do a notice period payment for that period.

I doubt if you are capable of explaining this to the management, but the fact is that the company does not have the right to dictate this and override law and common sense. Try putting it into your standing orders and see if the labour commissioner allows it.

From India, Mumbai
KK!HR
1373

Your queries are clarified below::
Acceptance of resignation is an internal process of the management of the firm and the resignee employee has no role to play in it. There is no time limit set for it, for instance, if the resignation is accepted after 6/9 months, it is unreasonable and illogical to expect the employee to hang around ever expectantly. Moreover, once the employee has clearly expressed his/her intention to leave the service, is it just and proper to drag the retention of service indefinitely?

The employer/management has to basically take a decision whether the notice period is to be accepted or actual service during the notice period s to be insisted, it cannot be both. Once the employee has completed the notice period requirement, then the employee has the right to get his relieving & experience letter.

From India, Mumbai
ommygautam
68

my reply are as below-
1) if the employee is ready to pay the notice period recovery amount, is he/she liable to do the handover formalities?"

" handover and notice period both are different so to pay/recover of the notice period is requirement of law ( appointment letter ) but hand over process is a normal process for giving the charges of the work. "

2) If the employee pay the recovery amount is it really matter whether his/her notice period will get accepted or not? do the employee still have the right to get his relieving & experience letter?

" in resignation or termination notice pay recovery or notice pay is the rules of appointment letter/standing so if you are accepting employee notice period or recovering the notice pay its clear showing the acceptance of said subject. second for relieving letter its shows that relation of employee and employer has finished from the reliving date. so it should be appropriate to give the reliving letter to him. so that in future no any chaos will create ."

Now they are asking me to revise the appointment letter with the clause where I need to mention that the notice period will be calculated from the date of acceptance.

" is it not possible for the resigned person . "

I asked them to send me an email communication as I am not the policy maker. can you please suggest if there is any alternate solutions where I can really avoid this situations.
you should follow the rules in a honest way.

From India, Rudarpur
Ms. Vishwas
8

Here is my reply for your queries

1) if the employee is ready to pay the notice period recovery amount, is he/she liable to do the handover formalities?
Ans: Handover is a normal process and has to be done by the employee, no matter whether he is paying or serving the notice period.

2) If the employee pay the recovery amount is it really matter whether his/her notice period will get accepted or not? do the employee still have the right to get his relieving & experience letter?
Ans: Acceptance of notice period or resignation is not required legally if the recovery amount is paid. Employee is eligible for relieving and experience letter in this case.

Now they are asking me to revise the appointment letter with the clause where I need to mention that the notice period will be calculated from the date of acceptance.

Ans: Your management is asking an illegal clause to be put in appointment letter. Notice period has to be served from the date of the resignation.

I asked them to send me an email communication as I am not the policy maker. can you please suggest if there is any alternate solutions where I can really avoid this situations.

Ans: You can only suggest them to follow the best practices and avoid illegal things.
Wish you all the best!

From India, Delhi
John Chiang
30

Dear Team Members,

Reference is made per Resignation/Separation Procedure:

I. Advance Notice Required
A staff who resigns must inform the Company in writing of his decision to do so at least one month before the effective date of resignation. Worker and operator in the production line, who resigns must inform the Company by oral or writing notice at least one week before the effective date of resignation.

II. Personnel Action Form
HR Department will prepare the Personnel Action Form for the Department of resigning Employees when the formal advance notice is received by HR thrugh the department manager.

The resignation is not affected until the Personnel Action Form is approved by General Manager.

III. Cessation of the Accrued Benefits
No benefits will continue to accrue after the effective date of separation. Thus, any period of advance notice, or accrued leave of any kind (for which the employee may be paid) extending beyond the effective date of separation, cannot be used for accrual of benefits such as additional earned leave, insurance claims (through Company), discounted fare travel, festival gifts, bonus, salary increase or allowances.

IV. Separation Clearance
HR Department will prepare a Clearance Slip, in an original only, which will indicate which offices must clear the employees as part of the separation procedure. The Clearance Slip may be hand-carried to each office by the employee or his department colleague. In all cases, the Clearance Slip must be included the following offices: HR, Finance, Tool Crib, Documentation Center, Warehouse, Instrumentation Lab, Training Center, Security, Union Office, EWA (Employees Welfare Administration), and his department.

V. Release Certification
An employee who is separated from the Company will be furnished a standard Release Certificate which sets forth certain data concerning his service with the Company. The resigning employee who fails to complete the Clearance Slip properly will not receive the release certification from the Company.

VI. Exit Interview
HR Manager/Supervisor will interview the separated employee concerning his experience with the Company for the future consideration of re-hire and file the interview report into the employee's file.

It might be a good chance for the Company to get constructive suggestions from the process of an exit interview for future improvement.

Best reagrds to you all,
John Chiang

From China, Shanghai
nanu1953
288

To deal with Employee separation process in most of the organizations are complicated. This is because of non professional employee as well as non professional employer. As per PNJ it should be mentioned in the appointment letter that either party may terminate the job by giving ............. months notice period or money in lieu thereof.

In good professional organization because of good organizational culture when any employee submits his paper, there is proper communication between management and the employee to smooth the separation process. There are cases when employee even agree to stay. These all are depend on level of the employee, communication system , policy of the organization etc.

There are employees who submits paper and stop coming to organization from next day, Some of them comply with notice pay and some are not. The employer may stop the F & F, not issuing relieving letter etc. But ultimately the problem continues.

Date of resignation to my opinion should be from the date when the employee resigned not from the date when employer will accept it.

If there is more number of resignations in any organization, the management should find out the reason instead of strengthening the separation process which are normally not accepted.

I have noticed both - irregular employees and employers. For irregular employees there may be action(s) from management against the employee provided the management is rightly spirited group and not vindictive.

For irregular employers ( who are also good in numbers ) who are not taking care for smooth separation process by making F & F properly , issuing relieving letter etc. - my personal suggestion is they should be professional and change their wrong view points.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

www.usdhrs,in

From India, New Delhi

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