How Should I Handle a Resignation During Probation When There's a Conflict of Interest?

I am working for an architect's firm. My problem starts with the resignation of a sales executive under the probation period. Our director is out of town and will rejoin on 12th September. So, his immediate boss accepted his resignation. However, I am not comfortable with his clearance as both the immediate boss and the sales executive are friends. As he resigned today, his last day will be on 12th September.

Handling Resignation During Probation

I wanted to know how I should tackle this situation as the immediate boss insists on doing his settlement ASAP. Please help.

Regards,
Rashmi

Does your immediate boss have enough privilege to accept the resignation? Initially, check with the Sales Executive to determine the reason for his resignation. Obtain the necessary information on the same. If all the reasons appear valid for his separation, promptly inform your Director in an email copy marked to the immediate boss of the Sales Executive. Await confirmation and then proceed.

Well, I would start with a few questions. Do you have any problem with their friendship? Did you find anything like Sharmila ji said above, "PRIVILEGE," to the employee (sales executive)? What post are you holding in your company?

Understanding Your Role

I meant to say if you are an HR person, you must have known the procedure of resignation. If yes, you just need to do your work. In addition, you need to inform your director as suggested by Mr. Singh. Moreover, could you please explain your statement "I am not comfortable for his clearance"?

In addition to what Sharmila said, it is possible that his immediate boss might have taken telephonic approval from the director. Please check with the immediate boss. Secondly, why are you uncomfortable with the action of the immediate boss—whether you are handling HR or Admin? If you are not, leave the matter to be decided between the immediate boss and the director.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

You may seek written consent via email from your final approving authority by forwarding a scanned copy of the employee's resignation letter. Following that, you may release the employee at the earliest opportunity.

First of all, I don't see why you have to be concerned about their friendship. That is up to the individuals whether they want to be friends or not.

Second Concern

What role are you playing that you should be concerned about his resignation? If you are in HR, you should be aware of the formalities. If not, ask colleagues. If you are not in HR, then I don't see how you should have a problem with the resignation, whether under probation or not.

Last Concern

What is it about the resignation that you are uncomfortable with? Is it the immediate boss and sales guy being friends? To be frank, the bonding they have is not your concern at all.

One thing you need to bear in mind is that the probationer is entitled to give a notice of one day for resigning. You must have included a clause in his appointment letter. Even if no appointment letter is issued to him or such a clause is not included in the appointment letter, you cannot hold him. At most, you can request him to continue till your boss comes back.

Thanks with regards,
Keshav Korgaonkar

Shantadurgaent.com - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from

Most people narrate the real things (your concern about their friendship). Many have also asked you in what capacity you are working. If in HR, then follow the principles of the organization. If not, then you have nothing to worry about.

Respond to Your Actual Query

Inform your higher authority about the things that happened in the organization (employee resignation) and mark cc to all those who are immediate reporting officers of the Sales Executive. Wait and see.

Regards,
M. Rashmi

I'm an administrative officer. First of all, check the employment contract to see if there is any required notice period before terminating employment. If the person has not given any notice period, you have to claim that in monetary terms.

Please let me know if you are the person concerned with personnel matters such as appointments, resignation acceptance, and fulfilling relieving formalities. If not, why should you bother at all? If yes, you need to adhere to the terms and conditions of the appointment order for the person involved. Normally, during probation, neither the employee nor the employer needs to give any notice for separation from service. If you hesitate to make a decision on your own, communication is not an issue these days. You can send an email, SMS, or even contact your boss via mobile. Please do so. Be decisive. Don't have doubts, be decisive.

Please go ahead.

All the best.

Regards,
Joga Rao