Hi all,
One of our employee Posted Resignation letter through India Post with acknowledgement we received that letter on 23.05.2015 and the same we have posted the acceptance letter for his resignation he also received that letter. but now he is saying i didn't posted any letter to your end. but in that letter he clearly mentioned all the details with signature and his left hand thump impression now he went to union office he and union people together posted the letter like i didn't sent any resignation letter and he blaming organisation people. i have all the documents with postal cover received from postal department it's possible to take necessary actions against him.
in the same he is leave from 19.05.2015 to 23.05.2015 without prior notice and information.but union people forcing to take him for work otherwise we will go for legal action.can any one guide me in this situation how can i handle in this problem.
From India, Chennai
1One of our employee Posted Resignation letter through India Post with acknowledgement we received that letter on 23.05.2015 and the same we have posted the acceptance letter for his resignation he also received that letter. but now he is saying i didn't posted any letter to your end. but in that letter he clearly mentioned all the details with signature and his left hand thump impression now he went to union office he and union people together posted the letter like i didn't sent any resignation letter and he blaming organisation people. i have all the documents with postal cover received from postal department it's possible to take necessary actions against him.
in the same he is leave from 19.05.2015 to 23.05.2015 without prior notice and information.but union people forcing to take him for work otherwise we will go for legal action.can any one guide me in this situation how can i handle in this problem.
From India, Chennai
Have you verified the thumb impression(it is not thump impression)?
Is the letter hand written or computer print out?
Is he an frequent absentee?
Any record of action taken against him for absence?
If you cannot prove that the letter is written by him then obviously his resignation cannot be accepted.
One should get all facts in place and records before initiating any action or face Trade union issues.
So dont hurry up but ascertain,collate and then come out with findings of the case.
From India, Pune
Is the letter hand written or computer print out?
Is he an frequent absentee?
Any record of action taken against him for absence?
If you cannot prove that the letter is written by him then obviously his resignation cannot be accepted.
One should get all facts in place and records before initiating any action or face Trade union issues.
So dont hurry up but ascertain,collate and then come out with findings of the case.
From India, Pune
A forged resignation letter is null and void and should not be accepted. Instead send a registered letter at his address asking him to verify about its correctness and if confirmed, he may collect the full and final settlement as per Shops and establishment Act after the expiry of notice period.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Dear Harisha,
Handle the issue diplomatically. You may reinstate the services of the said employee. Do not allow this issue to become tug-of-war between labour union and management. But at the same time keep the chap under watch list. For any minor flaw, issue him show cause notice. As such he was on unauthorised leave from 19th to 23rd May 2015. This ground is also sufficient to take disciplinary action against him. You may not terminate his services on this the ground (of unauthorised absence) as labour union may perceive it as retaliation or revenge against his reinstatement.
Accepting resignation when the letter of resignation was sent through post was flaw on your part. How did you issue appointment letter, by hand or through post? If by hand, then logically the employee should have come to the office and handed over the letter of resignation. You could have advised the employee accordingly in your written reply. You accepted the resignation and sent the reply by post. Your action allowed the situation to go out of hand.
Thanks,
Dinesh Divekar
From India, Bangalore
Handle the issue diplomatically. You may reinstate the services of the said employee. Do not allow this issue to become tug-of-war between labour union and management. But at the same time keep the chap under watch list. For any minor flaw, issue him show cause notice. As such he was on unauthorised leave from 19th to 23rd May 2015. This ground is also sufficient to take disciplinary action against him. You may not terminate his services on this the ground (of unauthorised absence) as labour union may perceive it as retaliation or revenge against his reinstatement.
Accepting resignation when the letter of resignation was sent through post was flaw on your part. How did you issue appointment letter, by hand or through post? If by hand, then logically the employee should have come to the office and handed over the letter of resignation. You could have advised the employee accordingly in your written reply. You accepted the resignation and sent the reply by post. Your action allowed the situation to go out of hand.
Thanks,
Dinesh Divekar
From India, Bangalore
""You accepted the resignation and sent the reply by post. Your action allowed the situation to go out of hand.""
Absolutely correct analysis of the situation.
The employee may have been a trouble maker and administration has rushed into quick acceptance of resignation.
Now they should keep an eye on the employee and sort him out following the rules in a manner that he cannot allege vindictive action of employer and rope in trade union.
If the employee is a trouble maker,soon enough he will create disciplinary issues and then he can be tackled.
From India, Pune
Absolutely correct analysis of the situation.
The employee may have been a trouble maker and administration has rushed into quick acceptance of resignation.
Now they should keep an eye on the employee and sort him out following the rules in a manner that he cannot allege vindictive action of employer and rope in trade union.
If the employee is a trouble maker,soon enough he will create disciplinary issues and then he can be tackled.
From India, Pune
A thumb impression should be witnessed by two persons indicating that the contents of the letter have been read out to the person and he has affixed his right side thumb impression before both of us witnesses and we have signed in each others presence.
Otherwise merely verification of thumb impression by HR is not sufficient.
Thanks
Sushil
From India, New Delhi
Otherwise merely verification of thumb impression by HR is not sufficient.
Thanks
Sushil
From India, New Delhi
As advised by many learned people in the forum,do not make an issue of this resignation,even if you know it has been sent by this person only..
Keep him under watch, a man of this nature will again give chance to take action against him or he may change his attitude and become reasonably decent. in his work.
When you get sufficient evidence against him then take action.
But always have neutral attitude and unbiased dealings,then your position as HR administrator will be strong. and respected by even trade unions.
From India, Pune
Keep him under watch, a man of this nature will again give chance to take action against him or he may change his attitude and become reasonably decent. in his work.
When you get sufficient evidence against him then take action.
But always have neutral attitude and unbiased dealings,then your position as HR administrator will be strong. and respected by even trade unions.
From India, Pune
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