Can We Deny Re-employment and Issue a Relieving Letter to an Employee Who Overstayed Leave?

I have the following query,

I am working in an IT company. Our leave policy grants a maximum of 30 days leave without pay to an employee in a year. As an exception to this, an employee who wanted to study for an MBA was granted three months of leave without pay, which ended on 15th May 2006. However, the employee did not join after that and requested further leave of around one month, which was declined by the company. A letter was also written urging the employee to join with immediate effect, but he did not. Now, he wants to rejoin our company, but we do not want to take him back. Can we deny him employment with us?

Also, what is the liability on our part to provide him the notice period and relieving letter? The employee is not willing to quit the organization; however, he is ready to settle the financial dues but wants to get the relieving letter. What should be our course of action? Can we issue him a termination letter? If so, should we provide the relieving letter?

Regards,
Ranji

Dear Ranji,

As you mentioned, the employee was supposed to join on the 15th of May '06, and a further extension of leave was denied to him. Therefore, he was expected to return immediately. Since your company does not wish to rehire him, you can inform the employee accordingly. I suggest issuing a termination letter as he did not comply with the return date specified in your communication (his failure to do so indicates a lack of genuine interest in working for the company). I believe there is no need to provide a notice period in this case, but I welcome corrections from senior staff if I am mistaken.

If you decide to issue a termination letter, there is no need for a relieving letter. However, you may consider his tenure at your company, and it is at your company's discretion whether to provide a relieving letter or a termination letter. Both cannot be given simultaneously; you can issue either a termination or a relieving letter.

Regards,
Julie

Hi,

People who take organization for granted, organization should also do the same with them. 😡 But it is totally up to the discretion of the employer. Once your organization has decided not to take him back, you need not give him a relieving letter. Only the termination letter should be given and not both.

Generally, an organization can ask for an explanation of not reporting back on time (if the candidate is worth retaining), but in your case, I don't think that is possible now. 😊

Archna

Dear All,

In the case of a termination letter, the financial dues (gratuity) that the company owes will be given to the employee, and the termination letter will serve as a relieving letter. One of my friends has encountered this type of situation.

Regards,
Sai