Employee Left Abruptly Without Notice: Are We Required to Provide Relieving Documents?

Hi All, Please help—an employee who worked with us for almost two years suddenly left the organization without serving the notice period and on a bad note. She did not complete her responsibilities and was behaving indifferently for many days. She also had an appraisal a few months back.

After 4-5 days, she sent us the resignation stating that she had spoken to the HR department (which she did not). Kindly tell us if we are obligated to provide her with the relieving documents along with the salary?

Regards, Gazal Kalia HR Manager

As an HR Manager, you are well aware that abandonment of service is certainly misconduct warranting disciplinary action. In addition to that, you've alleged that she also failed in her responsibilities. If all such facts are true and a strong desire prevails that employee exit should be strictly as per the established rules of the organization, well, you can refuse to accept her belated resignation and initiate disciplinary action and decide the matter accordingly instead of pondering over whether to issue relief documents as usual or not.

An employee has to complete his full and final formalities after submitting a formal resignation. The resignation must first be accepted by his/her reporting manager, followed by the completion of FNF formalities and an exit interview. Only then is a relieving letter issued by HR.

You have to take appropriate disciplinary action against the erring employee for her absconding from duty, unauthorized absence, and failure to discharge her assigned duties and responsibilities.

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You can send her an intimation letter stating that if you don't complete your resignation formalities and if you don't settle your dues within a specific period, we won't be able to provide you with a relieving or experience letter.

Try to send her three intimation letters, and if she does not respond, you can send her a termination letter.

Dear Ms. Gazal, It's not right to engage in wasteful and unproductive work like this. Anyway, what is there if you take her through disciplinary proceedings and finally terminate her with one month's salary/wages? You should quickly close this chapter—accept the resignation without delay, else she may withdraw and engage you in writing letters, replies, etc., with no better administrative alternatives. She deserves a relieving certificate with the remark "resignation," nothing less or more.

Best wishes,

RDS Yadav Labour Law Reporter Director - Future Institute of Management and Technology

And not to beat around the bush.

Dear Ms. Gazal,

It's not right to engage in wasteful and unproductive work like this. Anyway, what harm is there if you proceed with disciplinary action and ultimately terminate her with one month's salary/wages? You should promptly close this chapter—accept the resignation without delay, or else she may retract and involve you in unnecessary correspondence, leading to no better administrative alternatives. She deserves a relieving certificate with the remark—resignation, nothing less or more.

Best wishes,

RDS Yadav
Labour Law Reporter
Director - Future Institute of Management and Technology

Dear Gazal,

I also agree with the above comment; it is a waste of time and energy. However, you should send her a registered letter with acknowledgment, asking her to submit/hand over all the company assets. If not, the management may take necessary steps to recover all the damages from your end.

Points Needing Attention

I have gone through the posts that members have very nicely contributed. Still, I thought I should comment on certain aspects.

1. I do not approve of the use of the word "absconding," generally very loosely used by managers. Absconding has a connotation of a crime where an individual is untraceable or has gone underground after committing a crime. In this case, the lady employee is simply absent from work. Can we label her as "absconding"?

2. Can the employer retain the salary of the absentee employee? The answer is "No."

3. Is it necessary or advisable to take disciplinary action against an absentee employee for her abandonment of service or absence without permission, especially when she has already resigned? The answer is no; disciplinary action is not advisable.

4. I was wondering, by the way, which standing orders or rules of discipline have defined abandonment of service as misconduct? Can anybody show me such a specific provision in standing orders?

I think as an HR company, you should speak with that employee. Try to understand her situation; she might have some problems (whether related to her superior, work, family, or not getting the type of work she prefers). It’s possible her senior is constantly dismissing her suggestions. Many times, employees do not share their problems with HR; it’s likely her close friend at work knows everything.

The second thing is to appraise her performance. If she excels in her tasks and you wish to retain her, as HR, you should have a conversation with her to understand her real issues. Keeping documentation within the company is not the only solution.

This situation involves only one employee, but it might happen again with another employee. Therefore, as HR, we often tend to think from the management’s perspective (not always). I suggest talking to her as a friend and trying to comprehend the actual problem to prevent a recurrence. It’s possible I am wrong, but I believe that having a conversation with her as HR can help avoid such situations in the future.

Take her into confidence and ask why she acted that way.

This is my personal opinion, and I may be mistaken.

Understanding Resignation Acceptance by HR

I have read the comments by many and wonder if HR needs to accept a resignation, as advised by someone in the comments. What happens if HR does not acknowledge or accept an employee's resignation letter? Does it invalidate the resignation? Are you saying an employee cannot resign due to non-acceptance?

I remember when I resigned from my company in Malaysia, my resignation letter didn't require acceptance by HR. Why is there a need for it? Resignation is a unilateral action by the employee to terminate their service, provided sufficient notice is given. It's done without compulsion, so why does the company's HR need to accept or not accept the resignation? I see no logic in requiring acceptance.

Anyway, I'm not from HR. It's just a question I pose in view of the comments on this matter. Can anyone explain this requirement for acceptance by HR?

Regards,
CTFoo, Malaysia

"Can anyone explain this requirement (of acceptance by HR)?

A job is a contract between two parties. When you join any company as an employee, you sign an acceptance letter which spells out the terms of employment, which invariably includes the notice period and the employer's acceptance of the date of cessation of employment. Therefore, no unilateral exit is legally permissible."

CTFoo, Malaysia