How to Handle Employee Resignations When Company Assets Are Still with Them During Lockdown?

Hi, we have received resignations from 3 Senior Resource employees. Their notice period will end on the 30th of April 2020 (during the lockdown period). However, all assets such as laptops, data, ID cards, and SIM cards are still with the employees. They are planning to join another company on the 3rd of May 2020.

Is it permissible for the employees to join another company even if our laptop and important data are still in their possession?

Can we release the employees without collecting the assets?

In the event that the lockdown is extended, which seems likely as we are located in Pune, what should be done?

The employees have already relocated to their hometowns, and it is uncertain if they can travel back. They are not open to extending their notice period as the other company is pressuring them to start immediately.

Thank you.

Circumstances are such that travel is impossible. Relieve them conditionally with clear written acknowledgment of company assets with them. Ask them to sign their holdings of company assets and endorse it in a relief letter.

Send them an email requesting the return of company-owned assets currently in their possession (Laptop/Data/ID Card/Sim card). Considering the lockdown situation, how will employees be able to join another company on May 3, 2020? Reach out to them via phone to discuss the situation. If necessary, obtain an indemnity bond confirming their possession of the Laptop model, Serial Number, Data details, ID Card, and Sim card. They should commit to returning these items within 15 days of the lockdown being lifted; otherwise, they will be liable to cover the costs determined by the company.

Hi,

Thank you for your responses. As we are from IT services, data is of utmost importance to us. They are also not revealing their next company name. What if they are joining our competitors? What if any data is shared or leaked?

Will only writing on the relieving letter help us in keeping their data safe? Can I inform them that until we receive the assets, they cannot join any other company? Can I mention that in the letter?

Have you done their F&F settlement of dues? If no, please summon them after the lifting of the lockdown period to return the company assets which are in their possession. After they have cleared all assets, you can issue a proper relieving letter along with the F&F settlement. It is not advisable to allow them to join other companies with your company assets as once they join another company, it will be more difficult for you to retrieve your assets from them.

Thanks

No, full and final settlement is yet to be done. I have informed them that we will relieve you on the said date, but you cannot join any other company until you hand over all assets to us.

I hope I have made the right decision.