Nisha SV
5

Hi All ,

Below is an interesting article on How to Deal with Resignations ? Very Useful article......

HOW TO DEAL WITH RESIGNATION :

Employers are sometimes confronted with a disgruntled employee who resigns or threatens to resign. It usually happens in the heat of the moment and a lot of emotion is involved. Due to the circumstances in which it occurs, the persons involved react without considering the implications of a resignation.

The first issue to consider is the meaning of resignation. It is often associated with a situation where an employee leaves without giving proper notice in terms of the agreement of service. Resignation in this sense is a unilateral act by an employee and may amount to a breach of the agreement of service. Resignation is also a voluntary act. An employee can therefore not be forced to resign.

Where an employee resigns because the employer makes continued employment intolerable for the employee, it may amount to a so-called "constructive dismissal" and will not be regarded as resignation.

Dealing with a voluntary resignation does not involve an elaborate procedure. It could, however, happen that an employee who has resigned subsequently denies that he/she resigned, alleges that he/she was forced to resign or that his or her circumstances were made so intolerable that resignation seemed to be the only viable option at the time.

In order to avoid disputes, an employer can take certain simple steps. These include the following: Insist that the resignation be tendered in writing; ascertain the reasons for the resignation; ensure that a third person is present; keeping minutes. A thorough interview is advisable to ensure that the employee is serious about resigning.

When an employee resigns without notice, the employer does not have to accept the resignation. If the employee insists on leaving, it is not necessary for the employer to pay the employee notice pay. Where a resignation without notice causes the employer financial harm, it is even possible for the employer to claim damages. Such damages would have to be proved in court and may not be deducted from the employee's wage.

It often happens in practice that an employee resigns impulsively in a moment of weakness or anger, but later regrets the decision and wishes to withdraw the resignation.

Unfortunately there are no absolute guidelines. If it appears that the employee genuinely acted irrationally, regrets having resigned and wishes to withdraw the resignation, an arbitrator may find that failure by the employer to re-employ him or her is unfair. The time it takes for an employee to return to the employer should be a helpful indicator as to how the employer should respond. Professional advice should be obtained in cases of doubt.

Regds

Nisha

From India, Bangalore
Kalpesh 94
1

Hi
Employee resignations can be very stressful time for the organization . In the hurry of finding an replacement , there is an added stress of making sure the handing over process is smooth as well .
i came across this article and here is the link to it -http://quikchex.in/employee-resigned-9-things/
Its very helpful in terms of a step by step guide on how to effectively handle employee resignations

From India, Mumbai
Kalpesh 94
1

Hi
Employee resignations can be very stressful time for the organization . In the hurry of finding an replacement , there is an added stress of making sure the handing over process is smooth as well .
i came across this article and here is the link to it
9 things you should do when an employee resigns - Quikchex - HR Software | Payroll Software
Its very helpful in terms of a step by step guide on how to effectively handle employee resignations

From India, Mumbai
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