One of our confirmed employee quit the organisation without any notice period . and there after she sent us a resignation letter stating she is quitting the company with immediate effect and claiming for salary and releving letter. but as per her appointment letter she had to serve us one month notice period and hand over the job properly which she failed to do.
Kindly let me know if its advisable to pay her the salary and releving letter.
Regards
Vijay
From India, Mumbai
Kindly let me know if its advisable to pay her the salary and releving letter.
Regards
Vijay
From India, Mumbai
Hello Vijay,
Legally every employee is bound to serve notice period as per organization's appointment letter (and not as per offer letter) signed by him/her. After serving notice period, the organization will complete the exit formalities including full & final settlement and will give exp letter &/or relieving letter.
However the HR/respective authority can wave off the notice period in special cases and can ask the employee to pay certain amount as notice period buy out (please check whether you have this written in appointment letter provided by your company).
However after meeting her and understanding her genuineness to leave company at a such a short period, HR/respective authority can still pay her salary and can provide relieving letter on humanitarian grounds.
Hope this helps you.
Regards,
Gaurav Khandelwal
------------------
From India, Pune
9Legally every employee is bound to serve notice period as per organization's appointment letter (and not as per offer letter) signed by him/her. After serving notice period, the organization will complete the exit formalities including full & final settlement and will give exp letter &/or relieving letter.
However the HR/respective authority can wave off the notice period in special cases and can ask the employee to pay certain amount as notice period buy out (please check whether you have this written in appointment letter provided by your company).
However after meeting her and understanding her genuineness to leave company at a such a short period, HR/respective authority can still pay her salary and can provide relieving letter on humanitarian grounds.
Hope this helps you.
Regards,
Gaurav Khandelwal
------------------
From India, Pune
Dear Vijay
No Employee is encouraged to go on leave / abscond and suddenly send resignation letter and start demanding for salary.
Suggest him / her to come to office, serve the notice period, properly complete the handover - takeover formalities and claim for salary.
Payment of Salary in lieu of resignation depends on the Company HR Policies.
Tell him / her to follow the company policies.
Regards
Kumar
From India, Hyderabad
No Employee is encouraged to go on leave / abscond and suddenly send resignation letter and start demanding for salary.
Suggest him / her to come to office, serve the notice period, properly complete the handover - takeover formalities and claim for salary.
Payment of Salary in lieu of resignation depends on the Company HR Policies.
Tell him / her to follow the company policies.
Regards
Kumar
From India, Hyderabad
The employee after the appointment is bound by the terms and conditions of the appointment order. If she is not attending the office without prior sanction of leave it has to be viewed seriously. If the management is forcing the employee to resign then the above is not applicable. However if she is absent without permission and if she has submitted the resignation letter then the management has to send her a letter asking for explanation for absence and also tell her that she has to serve the notice period as per the terms of the appointment or she must pay the amount ( one month or two months or whatever is mentioned in the app letter to get her relieved. However the management has got the right to waive of the notice period depending on the circumstances.
From India, Madras
From India, Madras
There has been an error on the part of the management primafacie to the effect that it kept quite even though the employee concerned unauthorisedly absented from service for a substantial period. However, the management has to write to her seeking her explanation for having absented from duty without any information/permission failing which her services shall be terminated wef the date from which she has been absenting and in view of the position explained the question for acceptance of resignation does not arise. However, in the case of her reporting for duty and explaining to the satisfaction of the management the reason for her absence in the manner as described above she may be allowed to join and her resignation be accepted after her serving the notice period or the management may set off the period by recovering the pay/amount due to her.
Please remember that cases regarding unauthorised absence from duty be processed(after the permissible period) without any loss of time to control the vice of employees unauthorised absence from duty.
Regards
S.K.Johri
From India, Delhi
Please remember that cases regarding unauthorised absence from duty be processed(after the permissible period) without any loss of time to control the vice of employees unauthorised absence from duty.
Regards
S.K.Johri
From India, Delhi
Releasing salary in special cases (like this) depends upon the HR policies of the organization. Check at your level whether this kind of situation has happened in earlier times or not and what was the final conclusion if things happened. Simply follow that principle & ....
Drop a mail to her as to know why she left this organization without proper information ( if you wish to do)
Dnt talk with her over telephone or mobiles (strictly followed)
Co-operate her if she replies
Drop a mail to her as to know why she left this organization without proper information ( if you wish to do)
Dnt talk with her over telephone or mobiles (strictly followed)
Co-operate her if she replies
Vijay,
I think you asked the question wrong.
You probably meant is it advisable not to pay her salary and give the relieving letter.
You can always give it through not required by law, that is a business / management decision. Nothing stops you from doing that.
If you do not wish to give her the salary, etc, the following facts are in your favour.
1. She has not give notice when she left
2. She has not completed her hand over
3. Even she sent her resignation letter afterwards
You are under no obligation to pay her salary or to give her a experience or relieving letter.
Many companies in such cases keep in their personal files a computation of demand and set it off against their salary dues to that employee and in most cases, it would be in negative.
If you do give her the salary and experience letter, please remember that you are then encouraging others in the company to do the same.
From India, Mumbai
I think you asked the question wrong.
You probably meant is it advisable not to pay her salary and give the relieving letter.
You can always give it through not required by law, that is a business / management decision. Nothing stops you from doing that.
If you do not wish to give her the salary, etc, the following facts are in your favour.
1. She has not give notice when she left
2. She has not completed her hand over
3. Even she sent her resignation letter afterwards
You are under no obligation to pay her salary or to give her a experience or relieving letter.
Many companies in such cases keep in their personal files a computation of demand and set it off against their salary dues to that employee and in most cases, it would be in negative.
If you do give her the salary and experience letter, please remember that you are then encouraging others in the company to do the same.
From India, Mumbai
The contract of employment can be terminated at any time by either party by complying with the terms of employment.Normally it can be terminated either by serving a notice as prescribed in the engagement letter or pay in liue thereof.If your terms of engagement contains such clause , you should accept his resignation by adjusting his pay against the notice period.However , you cannot stop full & final settlement of his outstanding dues.You have also the discretion to waive the notice period in special cases.
Disciplinary action could be taken against an employee during his service period and not afterwards.Once, he has resigned,there is no merit in taking such action at this stage.That action should have been taken much earlier.
From India, Delhi
Disciplinary action could be taken against an employee during his service period and not afterwards.Once, he has resigned,there is no merit in taking such action at this stage.That action should have been taken much earlier.
From India, Delhi
Dear Vijay,
When any employee in the organisation is absenting unauthorisedly, you need to send them atleast 2 notices wherein 1st one will ask the explanation for his absence & asking him to resume to duties immediately; The 2nd notice, if he is not responding- your services are terminated from your date of absence & you are not eligible for any kind of benefits which otherwise you were eligible.
If this would have been done, this confusion would have not arised.
Coming to your query--- As that lady has not served the given notice period, such amount can be recovered from her & the remaining amount can be paid in her Full & Final settlement. Issuing relieving order is a secondary question because she has not completed her relieving formalities. She is not relieved officially & you need not give her a relieving order.
Coming to experience letter--- An experience letter is a certificate which is certifying an employee about his/her service in the company. A certificate is issued to employees who has behaved well. The Management must provide it heartfully & not by any force. Management reserves the right to issue it or not.
When it comes to humanitarian grounds, if you are not issuing the relieving order, her future career steps are into trouble. If you are not issuing the experience letter, she cannot show her experience else where & claim more salary. There is a black mark left in her career life at every step. These would be the after effects maximum for this employee.
On these grounds, you can take a proper decision. If you want that employee not to repeat the same else where, donot issue. By this other employees are also taught a lesson. Nobody else would dare to repeat the same. If you donot want the employee to suffer just for this reason, just issue the letters & close the issue silently. You need not keep anything personal with the employee.
Regards,
Bharghavi
From India, Bangalore
When any employee in the organisation is absenting unauthorisedly, you need to send them atleast 2 notices wherein 1st one will ask the explanation for his absence & asking him to resume to duties immediately; The 2nd notice, if he is not responding- your services are terminated from your date of absence & you are not eligible for any kind of benefits which otherwise you were eligible.
If this would have been done, this confusion would have not arised.
Coming to your query--- As that lady has not served the given notice period, such amount can be recovered from her & the remaining amount can be paid in her Full & Final settlement. Issuing relieving order is a secondary question because she has not completed her relieving formalities. She is not relieved officially & you need not give her a relieving order.
Coming to experience letter--- An experience letter is a certificate which is certifying an employee about his/her service in the company. A certificate is issued to employees who has behaved well. The Management must provide it heartfully & not by any force. Management reserves the right to issue it or not.
When it comes to humanitarian grounds, if you are not issuing the relieving order, her future career steps are into trouble. If you are not issuing the experience letter, she cannot show her experience else where & claim more salary. There is a black mark left in her career life at every step. These would be the after effects maximum for this employee.
On these grounds, you can take a proper decision. If you want that employee not to repeat the same else where, donot issue. By this other employees are also taught a lesson. Nobody else would dare to repeat the same. If you donot want the employee to suffer just for this reason, just issue the letters & close the issue silently. You need not keep anything personal with the employee.
Regards,
Bharghavi
From India, Bangalore
dear, vijay
as every company has its own HR polices and practices . so, just go through ur companies HR policies and find out what are the terms and conditions mentioned there in such a case . if there are provision for notice period then it is also definite that some ancillary provisions are also made to meet the situation.
check that what steps are given therein, if any employee doesn\'t followup proper channel of leaving the company.as in this unexpected world no one understand when urgency arise , so being a human being you should take this matter as a special case if the reason behind it is genuine .
regards,
usha singh
From India, Delhi
as every company has its own HR polices and practices . so, just go through ur companies HR policies and find out what are the terms and conditions mentioned there in such a case . if there are provision for notice period then it is also definite that some ancillary provisions are also made to meet the situation.
check that what steps are given therein, if any employee doesn\'t followup proper channel of leaving the company.as in this unexpected world no one understand when urgency arise , so being a human being you should take this matter as a special case if the reason behind it is genuine .
regards,
usha singh
From India, Delhi
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