An employee is still under probation, and her probation is expected to end on 8th May, which will be decided after a probation review conducted at the end of every probation period. Her tenure in the company to date is 89 days. The employee messaged today (while on leave) requesting immediate relieving, citing family issues and asking to complete the formalities tomorrow.
As per company policy, we have a notice period of up to 30 days, and there are no policies accepting resignations during absence. Considering the employee is currently on a project and there are no resources available to shadow her work, it will be challenging to relieve her in a day as it would disrupt the ongoing project.
The salary for the month of April has not been released yet, and we have kept it on hold. I have requested the employee to be present in the office today so that we can discuss the situation and understand the urgency.
My concerns:
1. Can I ask the employee to take leave and return? If she does not agree, the only option left is to relieve her immediately.
2. If immediate relieving is necessary, how should I manage the final settlement and the relieving documents? Should I release the settlement or not?
3. Since the notice period won't be served, how should I handle the situation?
I need immediate suggestions. Thank you in advance.
From India, Bengaluru
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10As per company policy, we have a notice period of up to 30 days, and there are no policies accepting resignations during absence. Considering the employee is currently on a project and there are no resources available to shadow her work, it will be challenging to relieve her in a day as it would disrupt the ongoing project.
The salary for the month of April has not been released yet, and we have kept it on hold. I have requested the employee to be present in the office today so that we can discuss the situation and understand the urgency.
My concerns:
1. Can I ask the employee to take leave and return? If she does not agree, the only option left is to relieve her immediately.
2. If immediate relieving is necessary, how should I manage the final settlement and the relieving documents? Should I release the settlement or not?
3. Since the notice period won't be served, how should I handle the situation?
I need immediate suggestions. Thank you in advance.
From India, Bengaluru
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During probation, the notice period time is different. What was the notice period given in the probation letter? There is no point in keeping an unwilling worker or employee. Let her come back, and the company should allow her to exit. Her wages need to be released.
From India, Pune
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From India, Pune
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1. Excellent suggestion. Also, propose a Work From Home option as there are no shadow resources available.
2. Put it on hold and decide on releasing it after your discussion with her. You may recover any losses if any.
3. Recover the loss if your discussion with her is not successful.
From India, Chennai
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2. Put it on hold and decide on releasing it after your discussion with her. You may recover any losses if any.
3. Recover the loss if your discussion with her is not successful.
From India, Chennai
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Options for Retaining the Employee
You should explore all options to retain her in service, such as working from home, flexible hours, or short-duration leave, at least until you are able to make alternative arrangements, considering your dire necessity.
Immediate Relieving Procedures
In relieving her immediately, work out all the dues and liabilities on either side and release payments upon relieving, not beforehand.
Notice Period Clarity
Have clarity on the notice period as per the service conditions. If she does not serve the notice period, you have every right to withhold payment due to her to that extent.
From India, Mumbai
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You should explore all options to retain her in service, such as working from home, flexible hours, or short-duration leave, at least until you are able to make alternative arrangements, considering your dire necessity.
Immediate Relieving Procedures
In relieving her immediately, work out all the dues and liabilities on either side and release payments upon relieving, not beforehand.
Notice Period Clarity
Have clarity on the notice period as per the service conditions. If she does not serve the notice period, you have every right to withhold payment due to her to that extent.
From India, Mumbai
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Thank you for your replies. I would like to add some recent information:
Notice Period and Project Impact
The notice period ranges from 15 to 30 days, which the management decides based on the position's importance. Since she was working on a project when she resigned, it is very challenging for us to find an immediate replacement. Even if we do find someone, we will incur losses until the new employee is trained for the project. The work that this employee was handling is currently on hold with respect to the project, causing further loss for the company.
Importance of Serving the Notice Period
Therefore, we are emphasizing the importance of serving the notice period so that she can train the new employee. Otherwise, she must serve at least a 15-day notice period before being relieved. If she fails to do so, we have decided to withhold her salary, including basic salary and allowances, as compensation for not serving the notice period. Currently, I have suspended her salary pending further discussions.
Leave and Salary Suspension
She has been granted three days of leave to address the issue, assuming her reasons were genuine, although we have no control over the situation.
I hope this helps clarify the situation. Thank you for your understanding.
Best regards,
[Your Name]
From India, Bengaluru
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Notice Period and Project Impact
The notice period ranges from 15 to 30 days, which the management decides based on the position's importance. Since she was working on a project when she resigned, it is very challenging for us to find an immediate replacement. Even if we do find someone, we will incur losses until the new employee is trained for the project. The work that this employee was handling is currently on hold with respect to the project, causing further loss for the company.
Importance of Serving the Notice Period
Therefore, we are emphasizing the importance of serving the notice period so that she can train the new employee. Otherwise, she must serve at least a 15-day notice period before being relieved. If she fails to do so, we have decided to withhold her salary, including basic salary and allowances, as compensation for not serving the notice period. Currently, I have suspended her salary pending further discussions.
Leave and Salary Suspension
She has been granted three days of leave to address the issue, assuming her reasons were genuine, although we have no control over the situation.
I hope this helps clarify the situation. Thank you for your understanding.
Best regards,
[Your Name]
From India, Bengaluru
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You inform the employee that management can release her upon completion of the assignment only. Employment is not like watching a movie where one can leave the hall at any time they wish.
To address future situations, include a notice period clause in the appointment.
From India, Mumbai
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To address future situations, include a notice period clause in the appointment.
From India, Mumbai
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Hi Prabhat Sir, thanks for your reply. I told the same to the employee, but she is insisting on urgent relieving, citing her mother's sickness and the need to return to her hometown immediately. Even though company policies are against this, and I have explained that she cannot quit the project without serving the notice period or providing any prior notice, she still insists on quitting. As a result, I have sent her on leave. Now, we need to decide on her next steps post her leave.
Options for Employee's Next Steps
I have two options to propose to her:
1. Serve the notice period and leave with full and final settlement.
2. Retain the salary (basic and allowance) as payback for not serving the notice period.
Our policies state that an employee cannot resign while on leave or absent from the company. Therefore, she must return to be officially relieved; otherwise, would it be considered as absconding?
Please advise if these two options are appropriate.
From India, Bengaluru
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Options for Employee's Next Steps
I have two options to propose to her:
1. Serve the notice period and leave with full and final settlement.
2. Retain the salary (basic and allowance) as payback for not serving the notice period.
Our policies state that an employee cannot resign while on leave or absent from the company. Therefore, she must return to be officially relieved; otherwise, would it be considered as absconding?
Please advise if these two options are appropriate.
From India, Bengaluru
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Notice Period and Resignation Policy
The options are right. You have the right to keep the notice period pay in case the employee insists on being relieved without serving the notice period. Your policy that one cannot resign while on leave or during absence does not seem to be a sound policy, as there are countless circumstances where one has no option but to resign while being on leave or absent. Hence, the circumstances have to be seen before deciding on the acceptance of resignation. At any rate, you can reject the resignation too where you feel the circumstances are not bona fide.
Resignation vs. Absconding
As regards resignation or absconding, in both circumstances, the employee is expressing their feeling that they are no longer interested in serving the company any further, overtly in the former and covertly in the latter, both amounting to the same consequence.
From India, Mumbai
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The options are right. You have the right to keep the notice period pay in case the employee insists on being relieved without serving the notice period. Your policy that one cannot resign while on leave or during absence does not seem to be a sound policy, as there are countless circumstances where one has no option but to resign while being on leave or absent. Hence, the circumstances have to be seen before deciding on the acceptance of resignation. At any rate, you can reject the resignation too where you feel the circumstances are not bona fide.
Resignation vs. Absconding
As regards resignation or absconding, in both circumstances, the employee is expressing their feeling that they are no longer interested in serving the company any further, overtly in the former and covertly in the latter, both amounting to the same consequence.
From India, Mumbai
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Employee reference policy.doc