Employee Resignation Dilemma: How to Handle a Troublemaker Staying Beyond Notice Period?

Can a resignation of an employee be accepted after 90 days? If not, how to proceed in this regard when the employee is continuing with the company after submitting a one-month notice period and has now become a troublemaker for the company.

How to proceed further to avoid all legal obligations?

Clarification on Employee Resignation Process

Your question is not clear. If the employee has already submitted a resignation and was serving more than one month's notice, why was he not relieved?

Has any acceptance of the resignation note been issued to the employee? Did the employee withdraw his resignation letter because he was not relieved?

It's not clear. In any case, if the resignation letter submitted by the employee is open, you may communicate to the employee that based on his resignation, he will be relieved on a specific date, and full and final settlement dues can be collected on another specific date. Please keep the correspondence in writing and get his signature in the letter as a token of his acceptance.

Thank you so much for your reply, sir. Actually, it was a mistake from the employer's side. The concerned employee has resigned with one month's notice (Notice period end date is 15-09-2019). Neither have we sent a resignation acceptance since then nor has he withdrawn his resignation. Now, management wants to take action to avoid further delays from the troublemaker for the company. Any sort of communication was not sent to him from our end.

Help me in this regard on how to proceed further, avoiding all legal obligations and closing his accounts amicably. Should we send an acceptance letter? If not, how should we proceed further?

Thanks and Regards,
Santhoshi.M HR-Executive

Handling Employee Resignation

It is very simple. Resignation from the employee is on his own, i.e., voluntary. Hope the resignation letter is with the employer and no discussion on retaining him took place. In that case, call the employee to HR, thank him for his services, inform him that based on his resignation letter, he stands relieved w.e.f ____ and he can collect his full and final settlement on ___.

In case he raises any dispute, inform him that his resignation letter was under discussion and is now approved by the employer.

Good morning, sir,

Thank you so much for your suggestion. As he is working in one of our units of our factory, as per the Factories Act 1948, at this gesture, can we terminate him? If yes, on what parameter, and if not, please suggest how to proceed further in this regard.

Our company is an ethical pharmaceutical company based in Hyderabad.

Thanks and regards,
Santhoshi M
HR Executive

Hi Santhoshi, that particular employee has already submitted their resignation. In light of this, why do you want to terminate them? What were the charges for termination? What was the misconduct? I suggest that you relieve him based on the resignation he has submitted. It is not advisable to terminate him and complicate the case.

However, in the case of any misconduct, fraudulent activity, etc., you may initiate disciplinary action and follow the proper process such as issuing a warning, a show-cause notice, or conducting a domestic enquiry. Most of the time, HR can resolve issues simply by talking face to face.