Hi all, One of our employees posted a resignation letter through India Post with acknowledgment. We received that letter on 23.05.2015, and we also sent the acceptance letter for his resignation, which he received. However, he is now saying that he did not post any letter to us. In that letter, he clearly mentioned all the details, signed, and left his thumb impression. He has now gone to the union office, where he and union members together posted a letter claiming that he never sent a resignation letter and accusing the organization's staff. I have all the documents, including the postal cover received from the postal department. Is it possible to take necessary actions against him?
Additionally, he was absent from 19.05.2015 to 23.05.2015 without prior notice. The union is pressuring us to allow him to work, threatening legal action if we refuse. Can anyone guide me on how to handle this situation?
Thank you.
From India, Chennai
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1Additionally, he was absent from 19.05.2015 to 23.05.2015 without prior notice. The union is pressuring us to allow him to work, threatening legal action if we refuse. Can anyone guide me on how to handle this situation?
Thank you.
From India, Chennai
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Have you verified the thumb impression (it is not thump impression)? Is the letter handwritten or a computer printout? Is he a frequent absentee? Any record of action taken against him for absences? If you cannot prove that the letter is written by him, then obviously his resignation cannot be accepted. One should get all facts in place and records before initiating any action or facing Trade Union issues. So don't hurry up, but ascertain, collate, and then come out with findings of the case.
From India, Pune
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From India, Pune
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A forged resignation letter is null and void and should not be accepted. Instead, send a registered letter to his address asking him to verify its correctness. If confirmed, he may collect the full and final settlement as per the Shops and Establishment Act after the expiry of the notice period.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Handling Employee Resignation and Union Pressure
Handle the issue diplomatically. You may reinstate the services of the said employee. Do not allow this issue to become a tug-of-war between the labor union and management. At the same time, keep the employee on the watch list. For any minor flaw, issue him a show cause notice. As such, he was on unauthorized leave from 19th to 23rd May 2015. This ground is also sufficient to take disciplinary action against him. You may not terminate his services on this ground (of unauthorized absence) as the labor union may perceive it as retaliation or revenge against his reinstatement.
Addressing the Resignation Process
Accepting resignation when the letter of resignation was sent through the post was a flaw on your part. How did you issue the appointment letter, by hand or through the post? If by hand, then logically the employee should have come to the office and handed over the letter of resignation. You could have advised the employee accordingly in your written reply. You accepted the resignation and sent the reply by post. Your action allowed the situation to go out of hand.
Thanks,
Dinesh Divekar
From India, Bangalore
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Handle the issue diplomatically. You may reinstate the services of the said employee. Do not allow this issue to become a tug-of-war between the labor union and management. At the same time, keep the employee on the watch list. For any minor flaw, issue him a show cause notice. As such, he was on unauthorized leave from 19th to 23rd May 2015. This ground is also sufficient to take disciplinary action against him. You may not terminate his services on this ground (of unauthorized absence) as the labor union may perceive it as retaliation or revenge against his reinstatement.
Addressing the Resignation Process
Accepting resignation when the letter of resignation was sent through the post was a flaw on your part. How did you issue the appointment letter, by hand or through the post? If by hand, then logically the employee should have come to the office and handed over the letter of resignation. You could have advised the employee accordingly in your written reply. You accepted the resignation and sent the reply by post. Your action allowed the situation to go out of hand.
Thanks,
Dinesh Divekar
From India, Bangalore
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"You accepted the resignation and sent the reply by post. Your action allowed the situation to go out of hand."
Absolutely correct analysis of the situation. The employee may have been a troublemaker, and the administration has rushed into quick acceptance of the resignation. Now they should keep an eye on the employee and sort him out following the rules in a manner that he cannot allege vindictive action of the employer and rope in the trade union. If the employee is a troublemaker, soon enough he will create disciplinary issues, and then he can be tackled.
From India, Pune
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Absolutely correct analysis of the situation. The employee may have been a troublemaker, and the administration has rushed into quick acceptance of the resignation. Now they should keep an eye on the employee and sort him out following the rules in a manner that he cannot allege vindictive action of the employer and rope in the trade union. If the employee is a troublemaker, soon enough he will create disciplinary issues, and then he can be tackled.
From India, Pune
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A thumb impression should be witnessed by two persons, indicating that the contents of the letter have been read out to the person, and he has affixed his right-side thumb impression before both of us witnesses, and we have signed in each other's presence.
Otherwise, merely verification of the thumb impression by HR is not sufficient.
Thanks,
Sushil
From India, New Delhi
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Otherwise, merely verification of the thumb impression by HR is not sufficient.
Thanks,
Sushil
From India, New Delhi
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As advised by many learned people in the forum, do not make an issue of this resignation, even if you know it has been sent by this person only. Keep him under watch; a man of this nature will again give a chance to take action against him, or he may change his attitude and become reasonably decent in his work. When you get sufficient evidence against him, then take action. But always have a neutral attitude and unbiased dealings; then your position as an HR administrator will be strong and respected by even trade unions.
From India, Pune
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From India, Pune
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