Hello HR folks,
One employee recently resigned and requested a one-day release. However, according to policy, he must serve a 60-day notice period. I declined his request owing to a lack of manpower and requested him to serve the notice period. After that, we will find a replacement, and he will provide the necessary handover, buy out the remaining notice period, and then leave.
He is unwilling to serve the notice period and has repeatedly requested a buyout of the notice period and documentation. He submitted his resignation and left the next day without alerting RM/HR. Now, he is asking for a buyout of the notice period and requesting experience and relieving letters. I don't have any replacement for him currently, and he didn't hand over his ongoing work. Consequently, his NOC is pending, and I am unable to release his documents as well.
Please advise me on what I should do in this case. I was recently promoted and am now in charge of the HR Generalist position. I have previously worked as a recruiter.
Thank you in advance for your suggestions.
Regards, Jyoti
From India, Pune
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One employee recently resigned and requested a one-day release. However, according to policy, he must serve a 60-day notice period. I declined his request owing to a lack of manpower and requested him to serve the notice period. After that, we will find a replacement, and he will provide the necessary handover, buy out the remaining notice period, and then leave.
He is unwilling to serve the notice period and has repeatedly requested a buyout of the notice period and documentation. He submitted his resignation and left the next day without alerting RM/HR. Now, he is asking for a buyout of the notice period and requesting experience and relieving letters. I don't have any replacement for him currently, and he didn't hand over his ongoing work. Consequently, his NOC is pending, and I am unable to release his documents as well.
Please advise me on what I should do in this case. I was recently promoted and am now in charge of the HR Generalist position. I have previously worked as a recruiter.
Thank you in advance for your suggestions.
Regards, Jyoti
From India, Pune
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Hi, How long has that employee been working for your company?
If the employee has been working for a significant period, insist on the notice period as per the appointment terms. Alternatively, based on work feasibility, try to negotiate for at least a 30-day notice period.
Educate the candidate about the importance of the notice period and how leaving without proper notice could affect his future career.
From India, Madras
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1015If the employee has been working for a significant period, insist on the notice period as per the appointment terms. Alternatively, based on work feasibility, try to negotiate for at least a 30-day notice period.
Educate the candidate about the importance of the notice period and how leaving without proper notice could affect his future career.
From India, Madras
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Hello @Vmlakshminarayanan,
He has been working for 11 months. We have already discussed all of these issues with him and informed him of the implications; yet he is unwilling to serve the notice period and is requesting an experience letter while stating that he is willing to pay the notice period cost.
From India, Pune
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He has been working for 11 months. We have already discussed all of these issues with him and informed him of the implications; yet he is unwilling to serve the notice period and is requesting an experience letter while stating that he is willing to pay the notice period cost.
From India, Pune
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Hi, just want to check whether the buyout option is provided in the appointment terms? If so, employees have the right to choose the buyout option, and you need to consider it. You should also appreciate the fact that after resignation, the employee didn't abscond but showed interest in making a payment in lieu of notice. So, bargain with him for a minimal notice period at least.
From India, Madras
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From India, Madras
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He did not provide the handover of his work and stopped coming to the office immediately after he resigned. I am just following up on the document. He is not willing to serve even a 15-day notice period. He simply wants the document without serving the notice period, stating that he will take his father to the office and is refusing to serve the notice period, asking only for a buyout of the full notice period.
In the appointment, it was explained that the employee can buy out the notice period depending on the situation and if HR/RM approves it.
From India, Pune
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In the appointment, it was explained that the employee can buy out the notice period depending on the situation and if HR/RM approves it.
From India, Pune
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Hi, such an act by an employee is misconduct. While resignation is the choice of the employee, not reporting to the office after submitting the resignation is not a proper practice. You may send a warning letter to the employee:
"Referring to your resignation letter dated [insert date] and subsequent discussions we had, it is observed from the attendance records that you are not reporting to the office without any proper justification to your superior. During the discussion you had with us, you were advised to serve the proper notice period as per the terms and conditions of the appointment order signed and accepted by you, and to complete the pending assignment at hand. However, you are not reporting to work, which is serious misconduct as per the rules and regulations applicable to this organization. You are hereby directed to report to work on or before [insert date], failing which we will be constrained to proceed with disciplinary action."
You may send the warning through RPAD and wait for his response.
From India, Madras
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"Referring to your resignation letter dated [insert date] and subsequent discussions we had, it is observed from the attendance records that you are not reporting to the office without any proper justification to your superior. During the discussion you had with us, you were advised to serve the proper notice period as per the terms and conditions of the appointment order signed and accepted by you, and to complete the pending assignment at hand. However, you are not reporting to work, which is serious misconduct as per the rules and regulations applicable to this organization. You are hereby directed to report to work on or before [insert date], failing which we will be constrained to proceed with disciplinary action."
You may send the warning through RPAD and wait for his response.
From India, Madras
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You should formally reply to the employee that the absence after resignation is unauthorized and is adversely affecting the workflow. Resignation can be considered for acceptance only after completing all the required formalities, such as handing over the company property and documents. Meanwhile, immediately try to identify another employee who can take over. The employee cannot insist on having his way regarding being relieved. The employee has the right to get back the certificate; however, regarding the experience certificate, make it very clear to the employee that unless the formalities are completed, the experience certificate he receives would not be very creditable, and he should not expect that the background verification (BGV) would be favorable. This approach may probably work.
From India, Mumbai
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From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
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