Dear All,
In my company, employees are leaving without giving notice period. Can the company send a letter to their address stating that the resignation is not accepted? Also, can the company write to them about dues which they have to pay to the company in lieu of the notice period? If yes, could I have a format for the same?
Thanks & Regards
From India, Delhi
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In my company, employees are leaving without giving notice period. Can the company send a letter to their address stating that the resignation is not accepted? Also, can the company write to them about dues which they have to pay to the company in lieu of the notice period? If yes, could I have a format for the same?
Thanks & Regards
From India, Delhi
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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
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616From India, Lucknow
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Hi,
If you received the letter format, I am also looking for that. But do you think this will work out?
Regards,
Shyam
Career Forum
From India, Madras
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If you received the letter format, I am also looking for that. But do you think this will work out?
Regards,
Shyam
Career Forum
From India, Madras
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Hi,
Legally, we cannot withhold anyone's resignation by stating that we are not accepting the resignation. We may enforce a notice period depending upon the nature of the business; however, this should be clearly 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 full and final settlement (F&F).
From India, Delhi
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Legally, we cannot withhold anyone's resignation by stating that we are not accepting the resignation. We may enforce a notice period depending upon the nature of the business; however, this should be clearly 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 full and final settlement (F&F).
From India, Delhi
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Hi Tanya,
You can send a letter to the employee saying that the Full and Final settlement and experience letter will be on hold until he/she pays back the amount due to the company. There is no standard format, but you can draft one as per your company's standards.
Regards,
Aprajita
From India, Ludhiana
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You can send a letter to the employee saying that the Full and Final settlement and experience letter will be on hold until he/she pays back the amount due to the company. There is no standard format, but you can draft one as per your company's standards.
Regards,
Aprajita
From India, Ludhiana
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Hi, you should hold their service certificate and F & F if any. Furthermore, you should communicate about the said incidence to the topmost authority in HR or the Plant. All communication should be through Registered AD. If this is happening regularly, then in the first place, retain some amount as a part of the terms and conditions of the appointment letter for a certain period. Regards, Abhijeet Pawar
From India, Mumbai
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From India, Mumbai
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Hello Tanya,
We cannot enforce anyone to stay back if he or she doesn't want to work. Also, we should allow the employee to leave happily. The exit of an employee should be as good as his entry. It reflects the organization's culture.
But, yes, you can ask the employee to work for the notice period if the same is mentioned in the appointment letter. Also, note that if he/she refuses to pay back the notice pay amount, you can deduct it from his/her dues pending with the company. All can be calculated on a simple F&F settlement sheet.
Regards,
Daleep Sharma
From India, Mumbai
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We cannot enforce anyone to stay back if he or she doesn't want to work. Also, we should allow the employee to leave happily. The exit of an employee should be as good as his entry. It reflects the organization's culture.
But, yes, you can ask the employee to work for the notice period if the same is mentioned in the appointment letter. Also, note that if he/she refuses to pay back the notice pay amount, you can deduct it from his/her dues pending with the company. All can be calculated on a simple F&F settlement sheet.
Regards,
Daleep Sharma
From India, Mumbai
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1) You can write a letter calling the employee to report for duty. Also, mention in the said letter that he has to serve the notice period.
2) Do mention that his absence for duty amounts to misconduct and separate action will be taken for it.
From India, Tiruchchirappalli
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2) Do mention that his absence for duty amounts to misconduct and separate action will be taken for it.
From India, Tiruchchirappalli
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First of all, please check the appointment letter you issue to a fresh candidate. Whether it contains any clause regarding resignation? If yes, then follow the stipulation. For example, if it is mentioned that either 1 or 2 months' notice has to be given by either side (employee or employer), then the moment an employee is leaving without serving notice period - you are at liberty to adjust/deduct the money equivalent of the notice period from the FFS.
Other than this, merely sending a reminder that his FFS and final clearance will remain on hold won't give any relief to the employer. Rather, you can hold the above without intimating to him. Delayed tactics.
From India, Calcutta
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Other than this, merely sending a reminder that his FFS and final clearance will remain on hold won't give any relief to the employer. Rather, you can hold the above without intimating to him. Delayed tactics.
From India, Calcutta
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These days, most of the jobs are contractual, and as such, a one-month notice from either side for an 11-month contract is mentioned in the appointment letter/contract document.
If the appointment is casual in nature, then no notice is required. As he walked in, so he walks out, and the employee/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, the usual action of governing corporate/industrial/labor rules apply, and the pay for the period of no work for the notice period is deducted from his last salary/other deductions/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 harassment/legal actions unless it becomes necessary. There should be no ego problem. The employer should appreciate the employee's contribution as long as he worked, and after his departure, find some better incumbent. 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 life itself, has its own pattern and parameters; respect the basic human relationship as supreme. IKMASIH
From India, Delhi
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If the appointment is casual in nature, then no notice is required. As he walked in, so he walks out, and the employee/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, the usual action of governing corporate/industrial/labor rules apply, and the pay for the period of no work for the notice period is deducted from his last salary/other deductions/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 harassment/legal actions unless it becomes necessary. There should be no ego problem. The employer should appreciate the employee's contribution as long as he worked, and after his departure, find some better incumbent. 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 life itself, has its own pattern and parameters; respect the basic human relationship as supreme. IKMASIH
From India, Delhi
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Full n final settlement.doc