How Should We Handle an Employee's Immediate Resignation and Settlement Request?

Dear Colleagues,

One of our employees has taken leave, informing us through SMS, due to personal problems for two days. After extending this leave without mentioning any specific duration, he informed us of the same problem through SMS. However, his reporting manager called and asked him to confirm his continuity or make a final decision without any further extension of leave.

The employee then sent his resignation via email without providing any notice period, seeking immediate relief due to his problems. Now, he is requesting Full and Final Settlement and a service certificate. Please advise as he worked in the HR department, and the decision needs to be made by management.

For taking a decision: What is the exit policy of the company as per the appointment order? How long did he work? Was he supposed to give notice? If the notice period is mandatory, adjust his F & F by deducting from his pay amounts due to the company. A service certificate can be given along with F & F.

Employment Contract and Notice Period

As per his appointment letter, he is supposed to work for four years. Within these four years, if he leaves the organization, he is required to give three months' notice or three months' salary in lieu of the notice period. However, they are continuing the same policy even after four years without any communication to employees. He worked for around 9 years and left the organization by resigning due to his unavoidable personal problems.

Service Certificate Requirement

Based on my knowledge, a service certificate must be given to any employee who has served the organization for one year.

Leave Sanctioning for Probationers

In the matter pertaining to the sanction of leave to probationers, the leave-sanctioning authority should be humane and considerate to some extent, taking into account the totality of the unavoidable circumstances faced by the individual. However, it is not right for the individual, particularly when they belong to the HR Department, to take advantage of the earlier concession and resign instead of formally communicating the reasons for the extension of their leave in a convincing manner.

In such a situation, to avoid harming their future career, any prudent management would only accept their sudden resignation subject to the notice conditions of the foreclosure of the contract of employment. I am unsure what kind of suggestions you expect from others in this regard!

Sir,

The present organization is not ready to agree and relieve him without notice. They are insisting him to work for one month and complete all the handover formalities. However, in his current condition, he is unable to work with the same company.

Please suggest on the following doubts:

1) Is there any career effect as he has had a long service with his present organization without a Service Certificate, as his salary is being deposited in his bank account?

Sorry that I mistook the individual to be a probationer. Even otherwise, my previous observations still hold good. I think that his resignation has not yet been formally approved. If your additional information is correct, the management cannot insist on the notice period of 3 months stipulated in his appointment orders as the individual had already completed more than the stipulated service period of 4 years. When the management has not formally modified the notice conditions subsequently and did not make it known to the employees, their stand is not legally correct. But they can still insist on the employee's handing over of his charges as a precondition for the acceptance of his resignation and F&F settlement.