Hello Connections,
I have a question regarding my company's notice period rule of 90 days. The rule states that an employee must either serve the notice period or opt for a buyout. In a recent situation, an employee facing a health issue and unable to travel from his residential location to the office location decided to resign and requested to be relieved in 15 days through the buyout option. However, the manager threatened the employee, stating that if he discontinues, they will label him as absconding and file a case against him. Despite the threats, the employee reiterated his inability to continue and proceeded with his decision.
Subsequently, the manager did not respond to the resignation email for 15 days. When the employee called to inform that he would be unable to come in from the following day as planned, the manager accused him of absconding and refused to provide any relieving documents. Although the handover formalities and knowledge transfer were completed within the next 5 days, the employee did not receive the documents stating no dues. Additionally, when the employee sent an email requesting acknowledgment of the submitted assets, neither the manager nor the admin team replied.
After some time, a mail from the Corporate HR department arrived, informing about the employee's relieving and the completion of the clearance process. However, the manager still referred to the situation as an absconding case.
My questions are as follows:
1. Is this truly an absconding case, considering the employee informed before leaving the job?
2. If the employee is willing to pay the buyout amount, will he be able to obtain the relieving documents?
3. In case of delayed responses from the manager and Corporate HR department, what steps should the employee take next?
Please advise.
From India, Mumbai
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I have a question regarding my company's notice period rule of 90 days. The rule states that an employee must either serve the notice period or opt for a buyout. In a recent situation, an employee facing a health issue and unable to travel from his residential location to the office location decided to resign and requested to be relieved in 15 days through the buyout option. However, the manager threatened the employee, stating that if he discontinues, they will label him as absconding and file a case against him. Despite the threats, the employee reiterated his inability to continue and proceeded with his decision.
Subsequently, the manager did not respond to the resignation email for 15 days. When the employee called to inform that he would be unable to come in from the following day as planned, the manager accused him of absconding and refused to provide any relieving documents. Although the handover formalities and knowledge transfer were completed within the next 5 days, the employee did not receive the documents stating no dues. Additionally, when the employee sent an email requesting acknowledgment of the submitted assets, neither the manager nor the admin team replied.
After some time, a mail from the Corporate HR department arrived, informing about the employee's relieving and the completion of the clearance process. However, the manager still referred to the situation as an absconding case.
My questions are as follows:
1. Is this truly an absconding case, considering the employee informed before leaving the job?
2. If the employee is willing to pay the buyout amount, will he be able to obtain the relieving documents?
3. In case of delayed responses from the manager and Corporate HR department, what steps should the employee take next?
Please advise.
From India, Mumbai
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Hi, Are you the affected employee or HR of that company? If the employee's request for early relieving on health grounds, even with a buyout option, is genuine, it should have been considered by the company. It is unclear whether the employee attached proper medical proof with his resignation email. If there is no proper response from the manager or corporate HR, the employee may take it up with the Labour Officer of the particular jurisdiction. However, before that, the employee is advised to visit the office in person, meet with the concerned parties, and explain his/her situation along with proper supporting documents.
From India, Madras
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1015From India, Madras
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Thank you for your reply, sir. I am an HR professional in the company but currently working as a trainee in the HR department of another unit. I have not encountered such a situation before, and I need to understand the potential outcomes in this case.
The employee mentioned that he informed the relevant parties before leaving, so the term "absconding" should not be applicable to him. However, the manager informed him that if the 90-day notice period is not served, he will be considered as absconding. Prior to submitting his resignation, the employee approached the manager and requested early relief from his duties.
From India, Mumbai
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The employee mentioned that he informed the relevant parties before leaving, so the term "absconding" should not be applicable to him. However, the manager informed him that if the 90-day notice period is not served, he will be considered as absconding. Prior to submitting his resignation, the employee approached the manager and requested early relief from his duties.
From India, Mumbai
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Hi, Understood. There are two sides to every coin. My opinion was based on your summary. I'm not sure whether the reason quoted by the employee is genuine or if he/she has another offer. At times, it happens that employees leave by citing false reasons as well. Therefore, HR/immediate superiors are forced to be very strict with such requests.
From India, Madras
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From India, Madras
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How to Handle an Employee Resignation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf