Dear Sir, Please let me know the procedure for resignation and termination of an employee and after how many days of absconding do we terminate them? Regards Minhaz Fathima
From India, Bengaluru
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1From India, Bengaluru
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Resignation
In the resignation, the employee submits his resignation as per the terms and conditions of employment and gets himself relieved from employment.
Termination
Termination is a process of disciplinary procedure, and the principle of natural justice (opportunity to be heard) has to be followed before his termination. In case of long absence, it is well established that the maximum opportunity should be given. Establish documentary evidence of sending several letters, asking him to rejoin duty, with a valid explanation, to his last known address as per official records. You may even advertise in the local newspaper asking him to report for duty, with a reasonable explanation, and also ask him to appear for a domestic inquiry that is fixed. Conduct a domestic inquiry and document all the letters and the newspaper ad as documents. Finally, send a registered letter to him stating, "As you have been absent for more than 30 days, and we have not received any communication from you despite several notices, your services are terminated at your own volition," with a copy on the company's notice board. You may engage the services of a private detective to collect his whereabouts. He may be working in another firm or in jail due to involvement in criminal/civil cases. In such a scenario, it would be easier to terminate his service based on this information, without any inquiry. You may adapt different methods depending on the circumstances.
From India, Madras
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In the resignation, the employee submits his resignation as per the terms and conditions of employment and gets himself relieved from employment.
Termination
Termination is a process of disciplinary procedure, and the principle of natural justice (opportunity to be heard) has to be followed before his termination. In case of long absence, it is well established that the maximum opportunity should be given. Establish documentary evidence of sending several letters, asking him to rejoin duty, with a valid explanation, to his last known address as per official records. You may even advertise in the local newspaper asking him to report for duty, with a reasonable explanation, and also ask him to appear for a domestic inquiry that is fixed. Conduct a domestic inquiry and document all the letters and the newspaper ad as documents. Finally, send a registered letter to him stating, "As you have been absent for more than 30 days, and we have not received any communication from you despite several notices, your services are terminated at your own volition," with a copy on the company's notice board. You may engage the services of a private detective to collect his whereabouts. He may be working in another firm or in jail due to involvement in criminal/civil cases. In such a scenario, it would be easier to terminate his service based on this information, without any inquiry. You may adapt different methods depending on the circumstances.
From India, Madras
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Can I have some more information on resignation?
In case an employee is absconding and later we receive a resignation letter backdated, do we have to accept his resignation with immediate effect or with the same date as given by the employee.
From India, Bengaluru
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In case an employee is absconding and later we receive a resignation letter backdated, do we have to accept his resignation with immediate effect or with the same date as given by the employee.
From India, Bengaluru
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One the termination is ordered, no going back on this order. Even you receive a resignation letter of back dated, reject the same as his services had already been terminated.
From India, Madras
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From India, Madras
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Termination is clear. Need to know only about resignation. For example, we have not issued any termination letter for the absconded employee, but after a few days if he/she sends a resignation letter backdated, how do we consider?
From India, Bengaluru
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From India, Bengaluru
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No backdated resignation can be obtained. You can accept the resignation on the date and issue a letter of relieving, stating that "you have been absent since... without any information or communication. Your unauthorized absence is a serious misconduct for which your services should have been terminated. However, considering your present resignation letter, oral submission, and all extenuating circumstances, we take a lenient view and accept your resignation letter. Accordingly, you are relieved from service effective from...".
This treatment will have a deterrent effect on all employees.
From India, Madras
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This treatment will have a deterrent effect on all employees.
From India, Madras
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Thank you very much for your support.
Sir, I have one more doubt. An employee resigned on 24.05.2018, but his reporting manager has not submitted his resignation to the HR department. In this case, how do we consider his resignation letter's date?
From India, Bengaluru
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Sir, I have one more doubt. An employee resigned on 24.05.2018, but his reporting manager has not submitted his resignation to the HR department. In this case, how do we consider his resignation letter's date?
From India, Bengaluru
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Is there any reason the reporting manager is holding the resignation letter? If accepted the resignation letter date is as mentioned in the letter only.
From India, Madras
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From India, Madras
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Sample Resignation acceptance letter.doc