Leaving Without Completing Responsibilities: Are Employees Still Eligible for Documents?

Clause for Employees Leaving Without Completing Responsibilities

What will be the clause if an employee leaves without completing their responsibilities? Are they eligible for documents?

Dear Deepali,

We need to discuss two situations. The first is when an employee submits a letter of resignation but does not complete the notice period. They may or may not return the company's assets but stop reporting for duty.

The second situation is the abandonment of employment. In this case, the employee does not submit a letter of resignation. Again, they may or may not return the company's assets.

For both cases, you need to design a "Policy on Employee Separation" and include various clauses to address the situations.

The solution for the first case:

- Upon receiving the resignation letter, it should be approved by the relevant authority. Subsequently, issue the employee an "Acceptance of Resignation" letter that outlines their notice period, pending tasks, allocated assets, the process for asset return, and deadlines. Clarity in communication is crucial.

The solution for the second case:

- Abandonment of employment constitutes misconduct. Follow the policy on employee discipline for appropriate actions.

Thanks,

Dinesh Divekar

Hi, "Employee leave without completing his responsibility": Do you mean to say the employee completed the notice period as per the employment agreement but did not complete the task? Or did the employee leave without serving the notice period?

If it is the latter, the common practice is that the employer will not issue a relieving order/experience certificate and will hold Full and Final Settlement (FFS).

If the employee completed the notice period but the task is pending, the scenario will be different. It is important to ascertain whether the task allotted is realistic and can be completed well within the notice period. The employee can be advised to extend the notice period and complete the task. After completing the proper notice period, the employee has the right to ask for a relieving cum experience certificate and FFS.