versha.tanya
Dear All,
In my co. employees are leaving without giving notice period. Can co. send a letter to their address saying that the resignaion is not accepted. Also can co. write to them about dues which they have to pay to co. in lieu of notice period. If yes, then can I have a format for the same?
Thanks & Regards

From India, Delhi
pon1965
604

Hi tanya No standard format is required. draft a letter and send it to them asking for dues and withholding their relieving letter/F&F. Regards R.Ponraj
From India, Lucknow
shmkumar
1

Hi,
If you got the letter format i am also looking for that.
But do you thing this will work out .
Regards,
Shyam
Career Forum

From India, Madras
gaurav bhugra
2

Hi,
Legally we cannot withhold anyone's resignation stating we are not accepting the resignation, we may enforce notice period depending upon the nature of business, however this should be highlighted in the offer and appointment letters.
In this case we can morally enforce him to serve the notice or adjust the amount due in his f&f.

From India, Delhi
Aprajita Byas
Hi Tanya,
You can send a letter to employee saying that F&F and exp letter will be on hold till the time he/she pays back the due with the company. There is no standard format but you can draft one as per your compant standards.
Regards,
Aprajita

From India, Ludhiana
Abhijeet Prakash Pawar
2

Hi
you should hold their service certificate / F & F if any.
further you should communicate about the said incidance to the top most authority in HR / Plant about the same.
All communicaation should be throught Reg. AD.
if happending so regularly then at first place only retain some amout as a part of term and condition of appointment letter for certain period.
regards
abhijeet pawar
abhijeet

From India, Mumbai
daleep shimla
11

Hello Tanya,
We can not enforce any one to stay back if he or she dont want to work. Also we should allow the employee to go happily.
exit of an employee should be as good as his entry. It reflects the organisation's culture.
But, yes you can ask employee to work for the notice period if the same is mentioned in the appointment letter. Also note that if he/she refuse to payback the notice pay amount you can deduct it from his/her dues pending with the company. And all can be calculated on a simple F&F settlement sheet.
Regards,
Daleep Sharma

From India, Mumbai
kumaresank
18

1) You can write a letter calling the employee to report for duty
2) Also mention in the said letter that he has to serve the notice period
3) Do mention that his absence for duty amounts to misconduct and separate action will be taken for it

From India, Tiruchchirappalli
DEB KANTI MOITRA
2

First of all please check the appointment letter you issue to a fresh candidate. Whether it contains any clause regerding resignation? If yes, then follow the stipulation. For example, if it is mentioned that either 1 or 2 month's notice has to be given by either side( employee or employer), then the moment an employee is leaving without serving notice p[eriod- you are at liberty to adjust / deduct the money equivalent of notice period from the FFS.
Other than this mere sending reminder that his FFS and final clearance will remain on hold won't give any relief to employer. Rather, you can hold the above without intimating to him. Delayed tactics.

From India, Calcutta
IKMasih
These days most of the jobs are contractual and as such one-month notice from either side for a 11-month conract is mentioned in the appointment letter/conract document.

If the appointment is casual in nature then no notice is required, as he walked in so he walks out and the empoyee/employer should have no grievance against each other.

If the appointment is for a longer period or the period is not taken into account then in case of walking out without notice then the usual action of governing corprate/industrial/labour rules apply and the pay for the period of no work for the period of notice is deducted from his last salary/other eductions/insurance/deposits can be made without any problem.

Generally speaking the employer's / employee's good relationship and HR personnel can sort out any such issue. ONE SHOULD ALWAYS AVOID HARRASSMENT/LEGAL ACTIONS UNLESS IT BECOMES NECESSAY. tHERE SHOULD BE NO EGO PROBLEM. The employer should appreciate the employees contribution as long as he worked, and after his departure find some better incumbment. Communication preferably written may be served but not pursued. Let the employee find his way and the employer his own. NO CORPORATE RELATIONSHIP IS PERMANENT OR CONGENIAL ALL THE TIME. IT LIKE THE LIFE ITSELF HAS ITS OWN PATTERN AND PARAMETERS; RESPECT THE BASIC HUMAN RELATIONSHIP AS SUPREME. IKMASIH

From India, Delhi
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