Employees Leaving Without Notice: Can We Reject Resignations and Demand Dues?

In my company, employees are leaving without giving a notice period. Can the company send a letter to their address stating that the resignation is not accepted? Also, can the company write to them about dues which they have to pay to the company in lieu of the notice period? If yes, could I have a format for the same?

Thanks & Regards

Hi Tanya,

I hope this message finds you well. I am writing to address the outstanding dues from your end. It has come to our attention that there are pending payments that need to be settled promptly.

In this regard, I kindly request you to clear the dues at the earliest to avoid any inconvenience. Please note that until the outstanding amount is resolved, there may be a hold on the issuance of your relieving letter and Full and Final settlement.

Your cooperation in this matter is greatly appreciated. Should you have any queries or require further clarification, please do not hesitate to reach out to me directly.

Thank you for your attention to this important matter.

Regards,
R. Ponraj

Hi,

If you received the letter format, I am also looking for that. But do you think this will work out?

Regards,
Shyam
Career Forum

Legally, we cannot withhold anyone's resignation by stating that we are not accepting the resignation. We may enforce a notice period depending upon the nature of the business; however, this should be clearly highlighted in the offer and appointment letters.

In this case, we can morally enforce him to serve the notice or adjust the amount due in his full and final settlement (F&F).

Hi Tanya,

You can send a letter to the employee saying that the Full and Final settlement and experience letter will be on hold until he/she pays back the amount due to the company. There is no standard format, but you can draft one as per your company's standards.

Regards,
Aprajita

Hi, you should hold their service certificate and F&F if any. Furthermore, you should communicate about the said incident to the topmost authority in HR or the Plant. All communication should be through Registered AD. If this is happening regularly, then in the first place, retain some amount as a part of the terms and conditions of the appointment letter for a certain period.

Regards,
Abhijeet Pawar

We cannot enforce anyone to stay back if he or she doesn't want to work. Also, we should allow the employee to leave happily. The exit of an employee should be as good as his entry. It reflects the organization's culture.

But, yes, you can ask the employee to work for the notice period if the same is mentioned in the appointment letter. Also, note that if he/she refuses to pay back the notice pay amount, you can deduct it from his/her dues pending with the company. All can be calculated on a simple F&F settlement sheet.

Regards,
Daleep Sharma

1) You can write a letter calling the employee to report for duty. Also, mention in the said letter that he has to serve the notice period.

2) Do mention that his absence for duty amounts to misconduct and separate action will be taken for it.

First of all, please check the appointment letter you issue to a fresh candidate. Does it contain any clause regarding resignation? If yes, then follow the stipulation. For example, if it is mentioned that either 1 or 2 months' notice has to be given by either side (employee or employer), then the moment an employee leaves without serving the notice period, you are at liberty to adjust/deduct the money equivalent to the notice period from the FFS.

Other than this, merely sending a reminder that their FFS and final clearance will remain on hold won't give any relief to the employer. Rather, you can hold the above without intimating them. Delayed tactics.

Contractual Employment and Notice Periods

These days, most jobs are contractual, and as such, a one-month notice from either side for an 11-month contract is mentioned in the appointment letter/contract document.

If the appointment is casual in nature, then no notice is required. As he walked in, so he walks out, and the employee/employer should have no grievance against each other.

If the appointment is for a longer period or the period is not specified, then in case of walking out without notice, the usual action of governing corporate/industrial/labor rules applies. The pay for the period of no work during the notice period is deducted from his last salary, and other deductions/insurance/deposits can be made without any problem.

Generally speaking, the employer's/employee's good relationship and HR personnel can sort out any such issue. One should always avoid harassment/legal actions unless it becomes necessary. There should be no ego problem. The employer should appreciate the employee's contribution as long as he worked, and after his departure, find a better incumbent. Communication, preferably written, may be served but not pursued. Let the employee find his way and the employer his own. No corporate relationship is permanent or congenial all the time. It, like life itself, has its own pattern and parameters; respect the basic human relationship as supreme.

Regards,
IKMASIH