Navigating Resignations, Being Asked to Leave, and Terminations: Seeking Clarity on Procedures

Hi all, I am here again with my queries. Cite HR has been a great help to me always. I have a lot of confusion regarding different ways of resignation: a person serving a notice period, not serving, being asked to leave, or termination based on NCNS, behavioral issues, or not following conduct, etc. I would be grateful if you all could help me understand these and clarify my concepts.

RESIGNATIONS

If a person is giving a formal resignation and serving the notice period, is it mandatory for it to be handwritten, or is an email accepted? Once the notice period is completed, we will do the F&F after 45 days.

If a person is giving a formal resignation and not serving the notice period, there would again be scenarios: notice period 1) waived off, 2) adjusted, 3) partially adjusted. If it is waived off, we will proceed with the normal procedure.

*I need help on... if it is adjusted or partially adjusted...* How should we proceed? Should we ask the employee to write in their resignation that the one-month notice period will be adjusted with the last month's salary? What if the employee has not written the same in the resignation and later asks for their salaries?

ASK TO LEAVE

When the company is asking an employee to leave, we need to collect the resignation from the employee. In ATL, is the notice period waived off, or can it be adjusted? Also, on their relieving letters, should it be mentioned that they were asked to leave? I am confused, so please tell me the entire procedure for ATL.

TERMINATION

The basic thing I want to know about termination is whether we do any type of F&F in termination that might be on any basis, such as absconding, behavioral issues, etc. For example, if one of the new employees worked for about 15 days and then got terminated based on behavioral issues or negative employee verification or any reason, would they be eligible for any F&F?

Waiting for you all to reply.

Thanks,

Kriti Gupta

Understanding Resignation and Termination Processes

With regard to normal resignation, why 45 days? You need to look at the payment of wages and statutory compliance in respect of PF, Bonus, and gratuity. As per the Gratuity Act, within 30 days, you need to settle payment. Hence, the time taken for the final settlement should be within 10 days from the last working day.

In a case where resignation is given and the notice period is not served, you need to refer to the terms and conditions of appointment and quote the condition in the resignation acceptance letter. Adjust the dues against final settlement payments. If you inform about the recoverable days under the notice period in advance, the parting employee should accept, as this term is a mutually agreed term at the time of joining.

Regarding Ask to Leave (ATL)

Under ATL, when an employee is asked to leave without giving notice, it is the moral responsibility of the employer to pay the notice period days and relieve them, except in the case of misconduct or any other disciplinary grounds of ATL.

Termination on Disciplinary Grounds

With respect to termination on disciplinary grounds or against any act detrimental to organizational interests, you need not pay the notice period cost, but the employee would be eligible for final settlement. In cases of termination on the grounds of a labor court settlement, you should abide by the court judgment and pay any dues. In other cases, you can use discretion or waiver on humanitarian grounds.

Regards,