Dual Employment Dilemma: How Should We Handle an Employee's Sudden Resignation?

Hi there, one of the employees joined another company on February 12, 2018, and was absent on that day according to our records. We received his resignation letter stating that he will not be able to serve the notice period and wants immediate relieving.

Policy on Dual Employment

We have a policy that states if an employee engages in dual employment without prior notice to us, we terminate them immediately if proven. However, in this case, the situation is different as he joined the other company on February 12 and sent his resignation on February 13. I am a bit confused.

I would appreciate your valuable input on this matter.

First of all, dual employment arises only when a person is simultaneously working for two companies. In this case, that is not applicable. The individual resigned on 12 Feb 2018 without notice and submitted the resignation on 13 Feb. Perhaps you can adjust 12 days' pay against the notice period and issue a termination notice as of 12 Feb 2018. Have they requested relieving documents?

Dear Rahul, there is nothing to be confused about. This is a case of abandonment of employment. After abandoning the employment, whether the employee takes up some other employment or stays at home is of no concern to you. If the employee has stopped reporting for duties and sends just a letter of resignation by mail, then you may send a reply stating that the resignation has not been accepted. If he wishes to separate from your organization, then he must fulfill the conditions of separation mentioned in the appointment letter. Tell him to report for duties immediately; otherwise, disciplinary action will be initiated against him.

If the employee remains unresponsive, then send the official letter regarding his unauthorized absence. Wait for a month, and if the employee remains absent, then order a domestic inquiry. If the employee remains absent for the domestic inquiry, then order another domestic inquiry a fortnight later. If the employee remains absent for the second chance as well, then you may terminate his services. Send the termination letter to him and close the matter.

Thanks,
Dinesh Divekar

Dear Rahul,

Believe me, he is not relying on the relieving letter from your side. Still, as your concern, please ask the employee to either serve the notice period or pay in lieu of to get done with his relieving formalities. There is no question of serving the notice period as he has already engaged somewhere else, and I don't think he will pay either. Case closed. Running after an absconded employee is not advisable. It will save you pains, let go...

Handling Employee Resignation Without Notice

The cause will be better served if the query is given in full. Had the employee been in service for a considerable period of time? If yes, the question of serving a notice period does arise. You may withhold his dues (if any) along with the relieving letter and send a letter asking him to explain the resignation without notice and why action cannot be initiated. Whether you take 'action' or not depends on how the situation progresses from here. But please make sure to provide full facts to help, assist, and learn when raising a question that is of interest to all like-minded people.