Dear Seniors,
We are a small organization having a staff strength of 18-20 employees. Our accountant submitted her resignation on 5th June 2013, with a one-month notice period, but our director didn't accept it. He asked her to complete the audit of the last year before leaving since she is the only person handling the entire firm's accounts. It would be chaotic for the new hire once she departs.
However, after receiving the salary check for the month of May on 10th June, she stopped coming to the office from 11th June onwards. Three days later, she sent a message stating that she would not be returning to work. She hasn't provided any handover, including the petty cash. This situation has made it very challenging for every employee as she was the sole accountant responsible for the petty cash.
Now, what actions should we take against such unprofessional behavior? Can we pursue any legal action against her?
Thank you.
Regards,
HR- L&M
From India, Mumbai
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We are a small organization having a staff strength of 18-20 employees. Our accountant submitted her resignation on 5th June 2013, with a one-month notice period, but our director didn't accept it. He asked her to complete the audit of the last year before leaving since she is the only person handling the entire firm's accounts. It would be chaotic for the new hire once she departs.
However, after receiving the salary check for the month of May on 10th June, she stopped coming to the office from 11th June onwards. Three days later, she sent a message stating that she would not be returning to work. She hasn't provided any handover, including the petty cash. This situation has made it very challenging for every employee as she was the sole accountant responsible for the petty cash.
Now, what actions should we take against such unprofessional behavior? Can we pursue any legal action against her?
Thank you.
Regards,
HR- L&M
From India, Mumbai
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Hi HR-L&M,
Your Director cannot refuse to accept her resignation, but can insist that the one-month notice period be worked and that a full handover be implemented. He can, however, request that she stays to complete the audit as a matter of professional courtesy.
As she has left the company, you should now write to her asking to serve her notice period and do the handover; otherwise, you will have no choice but to complain to NACAS (National Advisory Committee on Accounting Standards) and to the Institute of Chartered Accountants of India, with a view that she be struck off, on the grounds of professional misconduct. These two professional bodies take a dim view of accountants who leave a company in such a manner.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
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370Your Director cannot refuse to accept her resignation, but can insist that the one-month notice period be worked and that a full handover be implemented. He can, however, request that she stays to complete the audit as a matter of professional courtesy.
As she has left the company, you should now write to her asking to serve her notice period and do the handover; otherwise, you will have no choice but to complain to NACAS (National Advisory Committee on Accounting Standards) and to the Institute of Chartered Accountants of India, with a view that she be struck off, on the grounds of professional misconduct. These two professional bodies take a dim view of accountants who leave a company in such a manner.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
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Dear Harshji,
Thank you very much for your reply. Can you please provide me with the letter format and information regarding the proper steps I should follow? I have read on this site that we need to follow a few steps as outlined below:
1) Send in 2-3 letters to request joining duty within a specified time frame (beginning with the 1st letter inquiring about unauthorized absence from duty).
2) Request internal communication from the respective Manager/Head of Department (HOD) to HR.
3) Issue 1-2 warning letters explaining the Conduct guidelines/Code of Conduct (referencing the relevant clause in the official document) and advising immediate response and return to duty.
4) Issue a show cause notice (legally appropriate) to the official present and permanent addresses, providing fair and adequate time for a response.
5) Issue a final letter summarizing all preceding correspondence, indicating that given the circumstances, management is compelled to interpret the situation as abandonment of service, while still allowing the employee an opportunity to respond.
6) Officially remove the employee from the company's records, notifying them of the termination for abandonment of service.
Should I strictly adhere to these steps, or can I proceed directly with a termination letter?
Please provide a draft letter suitable for this accountant's situation.
Regards,
HR - L&M
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you very much for your reply. Can you please provide me with the letter format and information regarding the proper steps I should follow? I have read on this site that we need to follow a few steps as outlined below:
1) Send in 2-3 letters to request joining duty within a specified time frame (beginning with the 1st letter inquiring about unauthorized absence from duty).
2) Request internal communication from the respective Manager/Head of Department (HOD) to HR.
3) Issue 1-2 warning letters explaining the Conduct guidelines/Code of Conduct (referencing the relevant clause in the official document) and advising immediate response and return to duty.
4) Issue a show cause notice (legally appropriate) to the official present and permanent addresses, providing fair and adequate time for a response.
5) Issue a final letter summarizing all preceding correspondence, indicating that given the circumstances, management is compelled to interpret the situation as abandonment of service, while still allowing the employee an opportunity to respond.
6) Officially remove the employee from the company's records, notifying them of the termination for abandonment of service.
Should I strictly adhere to these steps, or can I proceed directly with a termination letter?
Please provide a draft letter suitable for this accountant's situation.
Regards,
HR - L&M
From India, Mumbai
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In addition to the advice given by Harsh, which he should take further by answering your queries, I would like to mention one thing...
Please note that if a person puts their paper down, we do not give them salary thereafter. There is only a full and final settlement. For example, if your pay day is the 1st of the month and the person resigned on the 28th of the previous month, we do not hand over the cheque on the 1st. Instead, we allow the person to serve the notice, do a proper handover, and settle their full and final payment on their last working day. This is the usual practice.
From India, Mumbai
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Please note that if a person puts their paper down, we do not give them salary thereafter. There is only a full and final settlement. For example, if your pay day is the 1st of the month and the person resigned on the 28th of the previous month, we do not hand over the cheque on the 1st. Instead, we allow the person to serve the notice, do a proper handover, and settle their full and final payment on their last working day. This is the usual practice.
From India, Mumbai
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