Navigating Employee Notice Period Challenges: How to Handle Absences and Transition Issues?

Employee Notice Period and Transition Issues

One of our employees is serving the notice period for the past 30-plus days. As per our company policy, he is supposed to serve 45 days, and no leave is allowed during his/her notice period. However, he has taken informed unpaid leave (for 2 days) claiming that he met with an accident. He confirmed he would return on a specific date. He continued to state the same 3 to 4 times within a week, but he has not reported back yet. His transition work is still pending. In a couple of days, his termination is due because of his attitude and irregularity at work.

Seeking Advice on Employee Management

Kindly advise on what needs to be done. Should I email him to return to work for these last 2 days? If yes, please provide me with the draft for the email. Should his salary be deducted? Should I withhold his experience letter or relieving letter until his transition is properly completed, or should I ask him to extend the notice period?

Termination Due to Lack of Productivity

Note: We terminated him for taking a 1-month paid leave with permission to work from home, but there was no productivity on his end, as complained by our client. He submitted fake reports to prove that he worked from home.

Please advise on a smooth closure.

It appears he is taking the organization for granted, and that is not acceptable. The notice period is not an empty formality and cannot be wished away. It is the obligation of the employee to complete the assignments at hand and hand over the charge smoothly. If there is a failure on the part of the employee in this, he is to be clearly told that his relieving depends on the completion of the formalities satisfactorily. Because of his acts and omissions, he needs to work for additional days before he can be relieved, issued a relieving certificate, and paid full and final dues. You need not pay him for the period he is said to have worked at home. You may post a draft letter/email to this effect, which could be considered by the seniors.