Dear Seniors,
We are a small organization having staff strength of 18-20 employees. Our accountant sent resignation on 5th June 2013, with one month notice period but our director doesn't accept her resignation as she asked her to complete the Audit of last year and leave as she is the only person who is handling entire account of the firm, so once she left it will be mess for the new joinee.
But after receiving salary cheque for the month of May on 10th June, she stop to come to office from 11th june onward and after 3 days she send message on phone that she will not resume on duty henceforth. And even she has not given any kind of handover to anyone including petty cash. And it become very difficult to every employee as she was the only accountant and she doesnt handover the petty cash.
Now what action should we take against such unprofessional attitude. Can we take any legal action against her.
Thanking you,
Regards,
HR- L&M
From India, Mumbai
We are a small organization having staff strength of 18-20 employees. Our accountant sent resignation on 5th June 2013, with one month notice period but our director doesn't accept her resignation as she asked her to complete the Audit of last year and leave as she is the only person who is handling entire account of the firm, so once she left it will be mess for the new joinee.
But after receiving salary cheque for the month of May on 10th June, she stop to come to office from 11th june onward and after 3 days she send message on phone that she will not resume on duty henceforth. And even she has not given any kind of handover to anyone including petty cash. And it become very difficult to every employee as she was the only accountant and she doesnt handover the petty cash.
Now what action should we take against such unprofessional attitude. Can we take any legal action against her.
Thanking you,
Regards,
HR- L&M
From India, Mumbai
Hi HR-L&M.
Your Director cannot refuse to accept her resignation, but can insist that the one month notice period be worked and that a full handover be implemented. He can, however, REQUEST that she stays to complete the audit as a matter of professional courtesy.
As she has left the company you should now write to her asking to serve her notice period and do the handover, otherwise you will have no choice but to complain to NACAS (National Advisory Committee on Accounting Standards) and to the Institute of Chartered Accountants of India, with a view that she be struck off, on the grounds of professional misconduct.
These two professional bodies take a dim view of accountants who leave a company in such a manner.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
369Your Director cannot refuse to accept her resignation, but can insist that the one month notice period be worked and that a full handover be implemented. He can, however, REQUEST that she stays to complete the audit as a matter of professional courtesy.
As she has left the company you should now write to her asking to serve her notice period and do the handover, otherwise you will have no choice but to complain to NACAS (National Advisory Committee on Accounting Standards) and to the Institute of Chartered Accountants of India, with a view that she be struck off, on the grounds of professional misconduct.
These two professional bodies take a dim view of accountants who leave a company in such a manner.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Dear Harshji,
Thank you very much for your reply. But can you please give me the letter format and also the information regarding what proper steps should I follow? as on this site I read that we have to go in few steps like following:
1) Send in 2-3 letters to join duty with a certain time (1st letter enquiring unauthorized absence from duty)
2) Seek an internal communication from the respective Manager/Head of Department (HOD) to HR
3) Send 1-2 warning letter(s) explaining the Conduct guidelines/Code of Conduct (relevant clause of this official document) and advising immediate response and to join duty.
4) Send show cause notice (legally appropriate) to official present and permanent addresses giving fair and adequate time to respond.
5) Send in a final letter quoting all above letter, indicating that given the circumstances, the management is compelled to construe abandonment of service, still giving him opportunity to respond.
6) Officially, strike his name off the rolls, writing to him about cessation of his services from the Company. On records, the employee has been terminated for abandonment of service.
I also have to go as per these steps or can send termination letter?
Kindly please send me the draft letter which is suitable for this situation of accountant.
regards,
HR - L&M
From India, Mumbai
Thank you very much for your reply. But can you please give me the letter format and also the information regarding what proper steps should I follow? as on this site I read that we have to go in few steps like following:
1) Send in 2-3 letters to join duty with a certain time (1st letter enquiring unauthorized absence from duty)
2) Seek an internal communication from the respective Manager/Head of Department (HOD) to HR
3) Send 1-2 warning letter(s) explaining the Conduct guidelines/Code of Conduct (relevant clause of this official document) and advising immediate response and to join duty.
4) Send show cause notice (legally appropriate) to official present and permanent addresses giving fair and adequate time to respond.
5) Send in a final letter quoting all above letter, indicating that given the circumstances, the management is compelled to construe abandonment of service, still giving him opportunity to respond.
6) Officially, strike his name off the rolls, writing to him about cessation of his services from the Company. On records, the employee has been terminated for abandonment of service.
I also have to go as per these steps or can send termination letter?
Kindly please send me the draft letter which is suitable for this situation of accountant.
regards,
HR - L&M
From India, Mumbai
In addition to the advise given by Harsh which he should take further by answering your queries, I would just like to mention one thing...
Please note that if a person puts his/her paper down, we do not give him/her salary thereafter. There is only a full and final settlement.
Say for example your pay day is 1st of the month and the person resigned on 28th of previous month. We do not hand over the cheque on 1st. Instead we allow the person to serve the notice and do proper handover and settle out his/her full and final payment on his/her last working day.
This is the usual practice.
From India, Mumbai
Please note that if a person puts his/her paper down, we do not give him/her salary thereafter. There is only a full and final settlement.
Say for example your pay day is 1st of the month and the person resigned on 28th of previous month. We do not hand over the cheque on 1st. Instead we allow the person to serve the notice and do proper handover and settle out his/her full and final payment on his/her last working day.
This is the usual practice.
From India, Mumbai
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