Hi!
One of our employees resigned without serving notice, citing her mother's critical health as the reason for needing a 4 to 6-month break from work. We granted her request given the circumstances; however, after about 40 days, we discovered that she had joined another company. Now, she is requesting an experience letter and Full and Final settlement (F&F). We believe this was inappropriate on her part, and we are considering withholding the experience letter and F&F as a consequence. What is the general industry practice in such situations? Our appointment letter explicitly states that serving the notice period is mandatory. Although we showed leniency in this case due to what seemed like a genuine reason provided by the employee.
Thank you for your insights.
From India, Mumbai
One of our employees resigned without serving notice, citing her mother's critical health as the reason for needing a 4 to 6-month break from work. We granted her request given the circumstances; however, after about 40 days, we discovered that she had joined another company. Now, she is requesting an experience letter and Full and Final settlement (F&F). We believe this was inappropriate on her part, and we are considering withholding the experience letter and F&F as a consequence. What is the general industry practice in such situations? Our appointment letter explicitly states that serving the notice period is mandatory. Although we showed leniency in this case due to what seemed like a genuine reason provided by the employee.
Thank you for your insights.
From India, Mumbai
Dear Roshni,
The employee asked for the waiver of the notice period on the grounds of family exigency. The company's administration approved the waiver. But now you realize that the employee took you for a ride. To avenge her betrayal, you have held her full and final settlement.
I wish your company had lined up their ducks in a row before approving the waiver. You are paying the price of your gullibility. On what grounds have you held her full and final settlement? Which law or act permits you to do so? Pay her salary till her last working day.
There is a lesson to be learned from the incident. Your company needs to learn how to be circumspect while running the administration. It is important to substantiate the facts before making the decision.
As far as the issue of the experience letter is concerned, you have several options. The first one is to issue it without holding a grudge against her. This is because time spent in retaliation is not productive. The second one is to send her notice asking for justification for the falsification of the grounds for the early exit. If the grounds are not satisfied, you can withhold the issuance of the experience letter. The issuance could be subject to the payments made instead of the uncompleted notice period.
The second option will not only teach her a lesson but also to the current employees what price they could pay for cheating.
Thanks
Dinesh Divekar
From India, Bangalore
The employee asked for the waiver of the notice period on the grounds of family exigency. The company's administration approved the waiver. But now you realize that the employee took you for a ride. To avenge her betrayal, you have held her full and final settlement.
I wish your company had lined up their ducks in a row before approving the waiver. You are paying the price of your gullibility. On what grounds have you held her full and final settlement? Which law or act permits you to do so? Pay her salary till her last working day.
There is a lesson to be learned from the incident. Your company needs to learn how to be circumspect while running the administration. It is important to substantiate the facts before making the decision.
As far as the issue of the experience letter is concerned, you have several options. The first one is to issue it without holding a grudge against her. This is because time spent in retaliation is not productive. The second one is to send her notice asking for justification for the falsification of the grounds for the early exit. If the grounds are not satisfied, you can withhold the issuance of the experience letter. The issuance could be subject to the payments made instead of the uncompleted notice period.
The second option will not only teach her a lesson but also to the current employees what price they could pay for cheating.
Thanks
Dinesh Divekar
From India, Bangalore
Hi,
Employee is supposed to serve the proper notice period as per the appointment terms. However, to evade serving the notice period, she had cited a fake reason and joined another company, which is unethical. At the time of relieving, you could have demanded proper medical proof regarding her mother's illness for verification purposes.
Now, please call the employee and inquire about this matter. A letter should be sent to her stating, "You left without serving the proper notice period, whereas as per your appointment terms, you are required to serve ___ days' notice. You are directed to serve the proper notice period or forfeit the salary in lieu of the same."
If she appears in person, collect a letter from her stating that she is willing to forfeit Rs. ___ from her full and final settlement for the shortfall in the notice period. After collecting the letter, issue her the experience/relieving letter along with the balance Full and Final Settlement (FFS), if any.
From India, Madras
Employee is supposed to serve the proper notice period as per the appointment terms. However, to evade serving the notice period, she had cited a fake reason and joined another company, which is unethical. At the time of relieving, you could have demanded proper medical proof regarding her mother's illness for verification purposes.
Now, please call the employee and inquire about this matter. A letter should be sent to her stating, "You left without serving the proper notice period, whereas as per your appointment terms, you are required to serve ___ days' notice. You are directed to serve the proper notice period or forfeit the salary in lieu of the same."
If she appears in person, collect a letter from her stating that she is willing to forfeit Rs. ___ from her full and final settlement for the shortfall in the notice period. After collecting the letter, issue her the experience/relieving letter along with the balance Full and Final Settlement (FFS), if any.
From India, Madras
Thank you so much for your responses.
To add, she left on the 1st of the month, so her salary was released only for the F&F of leave encashment, and the bonus is pending.
We had taken medical records as proof of her ailing mother. However, it was just a pretext under which she wants to resign and be relieved on the spot.
Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?
From India, Mumbai
To add, she left on the 1st of the month, so her salary was released only for the F&F of leave encashment, and the bonus is pending.
We had taken medical records as proof of her ailing mother. However, it was just a pretext under which she wants to resign and be relieved on the spot.
Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?
From India, Mumbai
Hi,
You can email stating that "you had left the organization without serving a proper notice period, quoting false reasons. Now you are hereby advised to contact us in person to complete your relieving process."
"Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?" No, it is not a good idea at all. Keep the discussion oral when she reports to the office. At times, such threatening email communication may bounce back against your company.
From India, Madras
You can email stating that "you had left the organization without serving a proper notice period, quoting false reasons. Now you are hereby advised to contact us in person to complete your relieving process."
"Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?" No, it is not a good idea at all. Keep the discussion oral when she reports to the office. At times, such threatening email communication may bounce back against your company.
From India, Madras
You can think of other options if you are not taking appropriate action as per your policy. In any case, it is indiscipline if the 'notice period' is not served. If you are serious, you can as well issue a statement of fact in the letter.
From India, Bangalore
From India, Bangalore
Did you issue any relieving order? If you had let her go without the relieving letter, then you are at liberty to deduct the amount in lieu of notice from the receivable as F&F.
There is nothing wrong in withholding F&F, provided the company did it without communication on the subject. Anything that can be done in a logical manner is fair practice. The general industrial practice is to follow the set rules and to act as per the company's guidebook. You have violated by compromising the clause of the Notice Period, where the appointment letter clearly states that serving the notice period is mandatory. It would have been genuine if you let her go as per the clause of the exit.
From India, Mumbai
There is nothing wrong in withholding F&F, provided the company did it without communication on the subject. Anything that can be done in a logical manner is fair practice. The general industrial practice is to follow the set rules and to act as per the company's guidebook. You have violated by compromising the clause of the Notice Period, where the appointment letter clearly states that serving the notice period is mandatory. It would have been genuine if you let her go as per the clause of the exit.
From India, Mumbai
Sir/Madam,
Release all her dues. Send her a relieving letter mentioning, "As you orally indicated that your mother is sick and you are unable to work further, the company, taking a lenient view, exempts your notice period and relieves you at your request on the dated:- ."
Best Wishes !
From India, Indore
Release all her dues. Send her a relieving letter mentioning, "As you orally indicated that your mother is sick and you are unable to work further, the company, taking a lenient view, exempts your notice period and relieves you at your request on the dated:- ."
Best Wishes !
From India, Indore
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(Fact Checked)-Thank you for this valuable input. (1 Acknowledge point)