Can you please guide me how to proceed/close this resignation?
Hi xxx,
We are surprised to receive your resignation email which has clearly stated that you will not serve notice period as required in your terms of employment. For this purpose, we would like to bring to your notice the clause in your appointment letter that states as below : “ As per current policy/practice you have to serve the two months’ notice period as per your appointment letter”.
Your situation could be genuine but there is proper procedure and steps are required to complete your relieving documentation part.
Thanks!
Regards,
Venkatesh,
From: xxx <xxx.com>
Sent: Saturday, January 11, 2020 3:18 PM
To: xyz <xyz.com>
Cc: Venkat Thammana<v.thammanaboina.com>
Subject: Resignation mail
Hi Sir,
Note: This resignation is given in an emergency condition. I can be only do this process from here itself without visiting to the office.
As I informed you that my father is suffering from knee pain and doctor suggested for knee surgery. Before surgery his diabetes and B.P. need to be in control and then surgery can be done. His condition is very critical and due to some family problem, my family wants me to be here at home.
I am sending this resignation mail because it is not possible for me to visit to the office for clearing the process. Please help me to get all the related documents through mail.
Please accept my resignation due to above reason and sanction it.
Thanks,
xxx
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From India, Hyderabad
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3Hi xxx,
We are surprised to receive your resignation email which has clearly stated that you will not serve notice period as required in your terms of employment. For this purpose, we would like to bring to your notice the clause in your appointment letter that states as below : “ As per current policy/practice you have to serve the two months’ notice period as per your appointment letter”.
Your situation could be genuine but there is proper procedure and steps are required to complete your relieving documentation part.
Thanks!
Regards,
Venkatesh,
From: xxx <xxx.com>
Sent: Saturday, January 11, 2020 3:18 PM
To: xyz <xyz.com>
Cc: Venkat Thammana<v.thammanaboina.com>
Subject: Resignation mail
Hi Sir,
Note: This resignation is given in an emergency condition. I can be only do this process from here itself without visiting to the office.
As I informed you that my father is suffering from knee pain and doctor suggested for knee surgery. Before surgery his diabetes and B.P. need to be in control and then surgery can be done. His condition is very critical and due to some family problem, my family wants me to be here at home.
I am sending this resignation mail because it is not possible for me to visit to the office for clearing the process. Please help me to get all the related documents through mail.
Please accept my resignation due to above reason and sanction it.
Thanks,
xxx
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From India, Hyderabad
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Dear friend,
When you are well aware that a specific notice period is required before resigning, if you are unable to fulfill the notice period, you may consider buying it out by paying the notice salary. Additionally, you may need to return any company property entrusted to you, such as a laptop, as part of the handover process. While one cannot be indifferent to a father's critical health condition, it does not give you the right to resign from your job abruptly. Ideally, you should have confided in your supervisor and informed them before leaving. If you had available leave days, you could have requested to utilize them or even asked for leave without pay.
Thank you.
From India, Salem
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When you are well aware that a specific notice period is required before resigning, if you are unable to fulfill the notice period, you may consider buying it out by paying the notice salary. Additionally, you may need to return any company property entrusted to you, such as a laptop, as part of the handover process. While one cannot be indifferent to a father's critical health condition, it does not give you the right to resign from your job abruptly. Ideally, you should have confided in your supervisor and informed them before leaving. If you had available leave days, you could have requested to utilize them or even asked for leave without pay.
Thank you.
From India, Salem
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Hi Venkatesh,
You may modify your letter proposed to be issued to the exiting staff on contents as suggested by Mr. Umakanthan. Also, the first sentence of the 2nd paragraph of your draft is not required and can be modified to state only what is required to be done in the circumstances, and what your options are if he fails to comply as stipulated.
From India, Bangalore
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You may modify your letter proposed to be issued to the exiting staff on contents as suggested by Mr. Umakanthan. Also, the first sentence of the 2nd paragraph of your draft is not required and can be modified to state only what is required to be done in the circumstances, and what your options are if he fails to comply as stipulated.
From India, Bangalore
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In case an employee is unable to comply with this policy, there is a risk that it may become a common practice and a loophole (it is very common to exploit such loopholes once they are known). Should I send an email to the employee requesting payment of two months' salary for the relieving documents?
From India, Hyderabad
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From India, Hyderabad
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Is there any prescribed format/email to employee the two months salary amount need to transfer company account (for skipping notice period). Or we will get legal problems from employee.
From India, Hyderabad
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From India, Hyderabad
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I would suggest you should go by docs pertinent to his appointment and the terms specified therein, such as notice period when quitting and other formalities. If the terms of appointment say a 2-month notice period, so be it, and you can issue notice asking him either to serve the notice period or remit the equivalent salary to the company's account. I hope you have not sent any communication either accepting or declining the resignation as yet. Also, it's better, not only in these circumstances but always, to send communication in hard copy by serving in person or sending by post, speed post, registered post; the least preferred method is by courier. Sometimes when the matter is taken to court, emails are not considered valid proof.
You should have your HR policy spelled out correctly, covering these aspects as well.
From India, Bangalore
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You should have your HR policy spelled out correctly, covering these aspects as well.
From India, Bangalore
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If the employee is genuine, then you can grant him leave for his father's surgery, either paid or without pay, while keeping your management in the loop. If you think the employee has just walked out, as far as I know, for knee replacement, the doctor gives ample time for the surgery, as it is not an emergency surgery. In such a case, treat it as an absconding situation and draft a letter asking the employee to give the required Notice Period or Notice Pay, failing which the documents, such as the relieving letter, will be considered terminated due to absconding. This will not lead to a smooth exit.
From India, Ahmadabad
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From India, Ahmadabad
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If the employee is ready to pay the notice period salary, how much do we need to collect i.e. take-home salary or gross salary? What is the entire process for this transition? His last working day is 31-Dec-2019, so we need to mention in the relieving document that his last working day is 31 Dec 2019 or 29-Feb-2020. Because he is paying the notice period salary, should we consider it as service for these two months or not?
From India, Hyderabad
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From India, Hyderabad
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The notice period recovery is for the gross amount, and with regards to the last working date, will be 31st December 2019, the actual date of his leaving the organization. The payment which he has made is compensation towards not adhering to the termination clause as per the employment contract, to the best of my view.
From India, Ahmadabad
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From India, Ahmadabad
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