What if an employee resigns and doesn't serve the notice period but instead asks for a relieving letter and payslips? He is an IT professional who handles design and has backups of data while working from home. P.S. The detailed appointment letter is not signed, as he joined on April 4th, 2020, and the lockdown started the next day; later, he went to his hometown. The salary has been paid. Even now, the lockdown is ongoing. I asked him to return post-lockdown once the office reopens, i.e., on the 24th. However, he received an offer from another company to join on the same date. What am I supposed to do? Please let me know if you need any further clarification or assistance.
From India, Bengaluru
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From India, Bengaluru
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You may reply to his resignation letter, asking him to complete the notice period and all other exit formalities. Only then should an experience letter and relieving order be issued. Hold all payments due to him until the formalities are completed.
From India, Mumbai
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1593From India, Mumbai
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Dear Sakshi,
If the employee has not properly handed over the charge of his duties, the process of separation would be incomplete. Without completing this process, how can he be issued a relieving letter?
If the employee joined in April 2020, there was sufficient time to have him sign the Appointment Letter. Why was this opportunity missed from December 2020 to March 2021? This oversight is on the part of the company.
While separating from the company, the employee is expected to return any company property in his or her possession. You may create a list of items the employee needs to hand over. Send the hard copy of this letter to his hometown address by Speed Post. After sending, scan the office copy of the letter along with the Speed Post receipt and send it by email. Clearly inform the employee that unless he completes his discharge process, no relieving letter will be issued.
If he fails to join his new company on 24th May 2021, it will be due to his recklessness. Your company is not responsible for that.
Policy on Handing/Taking Over
Lastly, it appears that your company does not have a proper "Policy on Handing/Taking Over." You may frame this policy and circulate it to all employees. Secondly, as soon as the employee submits a resignation, start acknowledging the letter. In the acknowledgment letter, outline the procedure for discharge. Clearly state to whom he will hand over the charge, when and how he will do it, and what company property is outstanding against him.
Take this incident as a learning opportunity to prevent similar situations in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the employee has not properly handed over the charge of his duties, the process of separation would be incomplete. Without completing this process, how can he be issued a relieving letter?
If the employee joined in April 2020, there was sufficient time to have him sign the Appointment Letter. Why was this opportunity missed from December 2020 to March 2021? This oversight is on the part of the company.
While separating from the company, the employee is expected to return any company property in his or her possession. You may create a list of items the employee needs to hand over. Send the hard copy of this letter to his hometown address by Speed Post. After sending, scan the office copy of the letter along with the Speed Post receipt and send it by email. Clearly inform the employee that unless he completes his discharge process, no relieving letter will be issued.
If he fails to join his new company on 24th May 2021, it will be due to his recklessness. Your company is not responsible for that.
Policy on Handing/Taking Over
Lastly, it appears that your company does not have a proper "Policy on Handing/Taking Over." You may frame this policy and circulate it to all employees. Secondly, as soon as the employee submits a resignation, start acknowledging the letter. In the acknowledgment letter, outline the procedure for discharge. Clearly state to whom he will hand over the charge, when and how he will do it, and what company property is outstanding against him.
Take this incident as a learning opportunity to prevent similar situations in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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