Hi There,
One of the employee has joined other company on 12th Feb 2018 and he is absent for that day as per our records. We received his resignation letter stating that he will not be able to serve the notice period and want relieving on immediate effect.
We have a policy that if somebody finds like doing dual employment without prior notice to us, we terminate that employee on immediate basis if proved. But here the case is different, he joined other company on 12th Feb and sent resignation on 13th Feb. I am a bit confused.
Request your valuable inputs.
From India, Mumbai
One of the employee has joined other company on 12th Feb 2018 and he is absent for that day as per our records. We received his resignation letter stating that he will not be able to serve the notice period and want relieving on immediate effect.
We have a policy that if somebody finds like doing dual employment without prior notice to us, we terminate that employee on immediate basis if proved. But here the case is different, he joined other company on 12th Feb and sent resignation on 13th Feb. I am a bit confused.
Request your valuable inputs.
From India, Mumbai
First of all dual employment comes up only when a person is simultaneously working for 2 companies.
Here it is not the case.
He quit on 12 Feb 2018 w/o notice.
He has given resignation on 13 Feb
Probably you can adjust 12 days pay against notice period and issue termination notice as on 12 Feb 2018.
Has he asked for relieving documents?
From India, Pune
3131Here it is not the case.
He quit on 12 Feb 2018 w/o notice.
He has given resignation on 13 Feb
Probably you can adjust 12 days pay against notice period and issue termination notice as on 12 Feb 2018.
Has he asked for relieving documents?
From India, Pune
Dear Rahul,
There is nothing to confuse as such. This is a case of abandonment of employment. After abandoning the employment, whether employee takes up some other employment or cools his heels at home is of no concern to you.
If employee has stopped reporting for the duties, and sends just a letter of resignation by mail then you may send a reply stating that the resignation has not been accepted and if he wishes to separate from your organisation, then he must fulfil the conditions of separation mentioned in the appointment letter. Tell him to report for duties with immediate effect, else disciplinary action will be initiated against him.
If the employee remains impervious, then send the official letter on his unauthorised absence. Wait for a month and if the employee remains absent still then order domestic enquiry. If the employee remains absent for the domestic enquiry then order domestic enquiry a fortnight later. If the employee remains absent for the second chance also then you may terminate his services. Send the termination letter to him and close the matter.
Thanks,
Dinesh Divekar
From India, Bangalore
There is nothing to confuse as such. This is a case of abandonment of employment. After abandoning the employment, whether employee takes up some other employment or cools his heels at home is of no concern to you.
If employee has stopped reporting for the duties, and sends just a letter of resignation by mail then you may send a reply stating that the resignation has not been accepted and if he wishes to separate from your organisation, then he must fulfil the conditions of separation mentioned in the appointment letter. Tell him to report for duties with immediate effect, else disciplinary action will be initiated against him.
If the employee remains impervious, then send the official letter on his unauthorised absence. Wait for a month and if the employee remains absent still then order domestic enquiry. If the employee remains absent for the domestic enquiry then order domestic enquiry a fortnight later. If the employee remains absent for the second chance also then you may terminate his services. Send the termination letter to him and close the matter.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Rahul,
Believe me he is not relying on the relieving letter from your side. Still as your concern, please ask the employee to either serve notice period or pay in lieu off to get done with his relieving formalities. There is no question of serving notice period as he already got engage somewhere else and I don't think he will pay either. Case closed. Running after absconded employee is not advisable. It will save your pains, let go...
From India, Pune
Believe me he is not relying on the relieving letter from your side. Still as your concern, please ask the employee to either serve notice period or pay in lieu off to get done with his relieving formalities. There is no question of serving notice period as he already got engage somewhere else and I don't think he will pay either. Case closed. Running after absconded employee is not advisable. It will save your pains, let go...
From India, Pune
Cause will be better served if the query is given in full. Had the employee been in service for considerable period of time? If yes, the question as to serving of notice period does arise. You may withhold his dues[if any] along with relieving letter and shoot a letter asking him to explain the resignation without notice and why action cannot be initiated. Whether you take 'action' or not depends on the way it goes on from here. But please make sure to put full facts to help/assist/learn when raising a question which is of interest to all like minded people.
From India, Hyderabad
From India, Hyderabad
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Enforcement of negative covenants in employment terms.pdf