Deepali
What will be the clause if an Employee leaves without completing his responsibility? Is he eligible for Documents??
From India, Mumbai
Dinesh Divekar
7855

Dear Deepali,

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

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

For both cases, you need to design a "Policy on Employee Separation". You need to anticipate and insert various clauses to address the situation.

The solution for the first case: - The sooner you receive the letter of resignation, you need to get the letter approved by the approving authority. After the approval, you need to issue the letter to the employee with the heading "Acceptance of Resignation". In this letter, you need to remind the employee what is his/her notice period, what tasks he/she is due to complete, what assets the company allotted to him/her, to whom he/she will hand over the assets and when these will be handed over. This clarity is absolutely important.

The solution for the second case: - Abandonment of employment is a misconduct. You may initiate action as per the policy on employee discipline.

Thanks,

Dinesh Divekar

From India, Bangalore
vmlakshminarayanan
919

Hi,

" Employee leave without completing his responsibility " :- You mean to say employee completed the notice period as per employment agreement but not completed the task ? (OR) employee left without serving notice period ?

If it is later the common practice employer will not issue relieving order/experience certificate and will hold FFS

If the employee completed the notice period but task is pending the scenario will be different. Whether the task allotted is realistic and can be completed well within the notice period is to be ascertained. Employee can be advised to extend the notice period and complete the task. After completing the proper notice period employee has the right to ask for relieving cum experience certificate and FFS.

From India, Madras
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