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jyotikotwal
Hello HR folks,

One employee recently resigned and requested a one-day release. However, according to policy, he must serve a 60-day notice period.
I declined his request owing to a lack of manpower and requested him to serve the notice period, after which we will find you a replacement and you will give the correct handover, buy out the remaining notice period, and then go. He is unwilling to serve the notice period and has repeatedly requested a buyout notice period and document. He submitted his resignation and left the next day without alerting RM/HR. Now, he is asking for buyout notice period & requesting for exp. & relieving letters. I don't have any replacement for him right now also he didn't give the handover of his ongoing work. Because of this his NOC is pending & am not able to release his documents as well.

Please advise me on what I should do in this case. I was just elevated and am now in charge of the HR Generalist position. Previously worked as a recruiter.

Thank you ahead of time for your suggestions.

Regards,
Jyoti

From India, Bardoli
vmlakshminarayanan
919

Hi,

How long that employee is working for your Company ?

If employee is working for quite long time insist for notice period as per appointment terms.

Alternatively subject to work feasibility try to negotiate for 30 days notice at least.

Educate the candidate about the importance of notice period and how his future career will be affected he leave without notice period.

From India, Madras
jyotikotwal
Hello @Vmlakshminarayanan,


He has been working for 11 months. We have already discussed all of these issues with him and informed him of the implications; yet he is unwilling to serve the notice period and is requesting an experience letter while stating that he is willing to pay the notice period cost.

From India, Bardoli
vmlakshminarayanan
919

Hi,

Just want to check whether buyout option is provided in the Appointment terms ?

If so employee have the right to choose buyout option, you need to consider it.

You should also appreciate the fact that after resignation employee didn't absconded but showing interest for making payment in lieu of notice. So bargain with him for minimal notice period at least.

From India, Madras
jyotikotwal
He did not give the handover of his work, also stop coming to office immediately he resigned. Just taking follow-up for the document. He is not ready to serve even 15 days notice period.
He just wants document without serving notice period. Saying that I'll take my father to office. & denying serving notice period asking for only buyout the full notice period.

In the appointment, explain that the employee can buy it out depending on the situation and if HR/RM approves it.

From India, Bardoli
vmlakshminarayanan
919

Hi,

Such Act of employee is a misconduct.

While resignation is the choice of the employee, after submitting resignation not reporting to office is not a right practice. You may send a warning letter to the employee

" Referring to your resignation letter dated..... and subsequent discussion we had it is observed from the Attendance records that you are not reporting to office without any proper justification to your Superior. During the discussion you had with us, you were advised to serve proper notice period as per the terms and conditions of the appointment order signed & accepted by you and complete the pending assignment in hand where as you are not reporting to work which is a serious misconduct as per the rules and regulations applicable to this Organization. You are hereby directed to report to work on or before_____________failing which we will be constrained to proceed with disciplinary action"


You may send warning through RPAD and wait for his reversion.

From India, Madras
KK!HR
1530

You should formally reply to the employee that the absence after resignation is unauthorised, adversely affecting the workflow and that resignation can be considered for acceptance only after completing all the required formalities like handing over the company property and documents. Meanwhile, immediately try to identify another employee who can take over. The employee cannot insist on having his way with regard to being relieved. The employee has the right to get back the certificate, as regards the experience certificate, make it very clear to the employee that unless the formalities are completed, the experience certificate he gets would not be something very creditable and not to keep any expectation that BGV would be favourable. This may probably work.
From India, Mumbai
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