Employer resigned not returned the backups and need relieving letter

Hi ,
what if an employer resign and doesn't serve the notice , rather ask for relieving letter and payslips .
He is an IT person handles design and has backups of data (work from home ).
Ps :detailed appointment letter is not signed , as he joined in April 4th 2020 and lockdown started next day onwards,
later he went to his hometown. salary been paid .
Even now lowdown is going on, asked him to come down post lockdown once office re opens i.e 24th.
But he got an offer in another company to join on 24th .
What am I suppose to do ?

You may reply to his resignation letter asking him to complete the notice period and all other exit formalities, then only an experience letter and relieving order are issued. Hold all payments due to him till the formalities are completed.

Dear Sakshi,

If the employee has not handed over the charge of his duties properly, then the process of separation would be incomplete, and with this incomplete process, how can he be issued with a relieving letter?

If the employee had joined in the month of April 2020, then in between you had sufficient time to make the employee sign the Appointment Letter. Why was the opportunity lost from December 2020 to March 2021? This is negligence on the part of the company.

While separating from the company, the employee is expected to hand over whatever company property he or she is in possession of. You may make a list of the items that the employee needs to hand over. Send the hard copy of his letter to his hometown address by Speed Post. After sending the letter, scan the office copy of the letter along with the Speed Post receipt and send it by email. Write clearly to the employee that unless he completes his discharge process, no relieving letter will be given.

If he fails to join his new company on 24th May 2021, then it will be because of his recklessness. Your company is not responsible for that.

Lastly, it appears that your company does not have a proper "Policy on Handing/Taking Over". You may frame this policy and circulate it to all the employees. Secondly, the sooner the employee submits the resignation, start acknowledging the letter. However, in the acknowledgement letter, outline the procedure for discharge. Write clearly to whom he will hand over the charge, when he will hand it over, how he will hand it over, what company property is outstanding against him etc.

Take this incident as learning and prevent a similar situation in the future.

Thanks,

Dinesh Divekar