Employee Resignation Two Months After Leaving: How Should We Handle This?

Dear all,

Please give your suggestions if an employee is resigning after two months from their last date of working or date of leaving due to any reasons. When writing your suggestion, please mention the reasons as well.

Regards

Dear Amar,

At the time of an employee's exit, two dates are very important: DOR (date of resignation) and DOL (date of leaving, also known as the last working date). DOR should be before DOL; if it is not, then most organizations will consider DOL as a DOR. For processing full and final settlement, DOR cannot be after DOL because based on this date, we will count the notice period. If DOR is after DOL, that means the employee had not given the notice period.

Now, the question arises: How can DOR be after DOL? In most cases, employees abscond from work, and afterward, they send a resignation letter. For example, an employee was on leave and instead of joining back, they sent a resignation letter, etc. By that time, HR had not taken action against the employee (termination).

Now, coming directly to your question - if an employee resigns after 2 months from their last working date or date of leaving due to any reasons, whether an employee can resign after 2 months of DOL will depend on a case-to-case basis and the reason for the delay. Most organizations do not accept a resignation letter after such a long time. They have a set procedure by which they will terminate the employee and send a voluntary absconding letter (in the case of absconding). Somehow, if HR accepts the resignation letter (due to any reason), then they will take DOL as a DOR and process full and final settlement. If you put DOR after DOL, it can create practical and legal issues.

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Dear Amar,

These are gray areas. That's why most organizations do not accept a resignation letter after a long duration. The acceptance copy/date does not indicate whether you have worked until that date or not. It means you have submitted a resignation letter and you will receive a relieving letter (if there are no dues). The organization will consider the employee's attendance for date of leaving and payment.

One more important thing regarding Date of Resignation and Date of Leaving: it should not fall on a Sunday or a holiday.

For more HR information, visit: [White Eagle: Reporting To Two Bosses](http://kuldeeprathore.blogspot.com/2009/08/i-work-for-reputed-company-as-hr.html)

Please let me know if you have any questions or need further clarification.

Thank you.

How can an employee do that? If he is on leave for any genuine reason, he should inform the concerned person in the office. What if he is absconded, joined another company, is satisfied with the job, and then came back to get the relieving letter? If he is not satisfied with the job in the new office, he might come back. If he is resigning, then he must serve the notice period for full and final settlement.

The practical approach would be to accept his resignation from the date he has submitted and recover the Notice Pay as per the terms of his Appointment Letter, and process his F & F Settlement.

This appears to be a clear case of prolonged unlawful absence from work. What happened during the period from his last day of working until the date of his resignation? Mere absence from a certain date cannot be construed as the DOL.

Trust this answers the query.

Cheers!!!! Vasant Nair

Please note when we are issuing appointment letters, we need to be specific about the termination/resignation clause. The Company must have a policy on unauthorized absenteeism. Therefore, when a case of such indiscipline is brought to the notice of the HR department, a warning letter followed by a termination letter needs to be sent to the last known address of the employee.

You are not obligated to accept such a letter. You may decide whether to accept or reject this letter after consulting with your management and simultaneously establish a policy to address this issue.

Best wishes,

Dwipna