Hi,
What if an employer resigns and doesn't serve the notice, but rather asks for a relieving letter and payslips? He is an IT person who handles design and has backups of data (works from home). P.S. The detailed appointment letter is not signed, as he joined on April 4th, 2020, and the lockdown started the next day; later, he went to his hometown. Salary has been paid. Even now, the lockdown is ongoing. I asked him to come post-lockdown once the office reopens, i.e., on the 24th. However, he received an offer from another company to join on the same date. What am I supposed to do?
Please let me know if you need any further clarification or assistance.
From India, Bengaluru
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What if an employer resigns and doesn't serve the notice, but rather asks for a relieving letter and payslips? He is an IT person who handles design and has backups of data (works from home). P.S. The detailed appointment letter is not signed, as he joined on April 4th, 2020, and the lockdown started the next day; later, he went to his hometown. Salary has been paid. Even now, the lockdown is ongoing. I asked him to come post-lockdown once the office reopens, i.e., on the 24th. However, he received an offer from another company to join on the same date. What am I supposed to do?
Please let me know if you need any further clarification or assistance.
From India, Bengaluru
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You may reply to his resignation letter, asking him to complete the notice period and all other exit formalities. Only then should an experience letter and relieving order be issued. Hold all payments due to him until the formalities are completed.
From India, Mumbai
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1655From India, Mumbai
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Dear Sakshi,
If the employee has not handed over the charge of his duties properly, then the process of separation would be incomplete, and with this incomplete process, how can he be issued with a relieving letter?
If the employee had joined in the month of April 2020, then in between you had sufficient time to make the employee sign the Appointment Letter. Why was the opportunity lost from December 2020 to March 2021? This is negligence on the part of the company.
While separating from the company, the employee is expected to hand over whatever company property he or she is in possession of. You may make a list of the items that the employee needs to hand over. Send the hard copy of his letter to his hometown address by Speed Post. After sending the letter, scan the office copy of the letter along with the Speed Post receipt and send it by email. Write clearly to the employee that unless he completes his discharge process, no relieving letter will be given.
If he fails to join his new company on 24th May 2021, then it will be because of his recklessness. Your company is not responsible for that.
Lastly, it appears that your company does not have a proper "Policy on Handing/Taking Over". You may frame this policy and circulate it to all the employees. Secondly, the sooner the employee submits the resignation, start acknowledging the letter. However, in the acknowledgment letter, outline the procedure for discharge. Write clearly to whom he will hand over the charge, when he will hand it over, how he will hand it over, what company property is outstanding against him, etc.
Take this incident as learning and prevent a similar situation in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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If the employee has not handed over the charge of his duties properly, then the process of separation would be incomplete, and with this incomplete process, how can he be issued with a relieving letter?
If the employee had joined in the month of April 2020, then in between you had sufficient time to make the employee sign the Appointment Letter. Why was the opportunity lost from December 2020 to March 2021? This is negligence on the part of the company.
While separating from the company, the employee is expected to hand over whatever company property he or she is in possession of. You may make a list of the items that the employee needs to hand over. Send the hard copy of his letter to his hometown address by Speed Post. After sending the letter, scan the office copy of the letter along with the Speed Post receipt and send it by email. Write clearly to the employee that unless he completes his discharge process, no relieving letter will be given.
If he fails to join his new company on 24th May 2021, then it will be because of his recklessness. Your company is not responsible for that.
Lastly, it appears that your company does not have a proper "Policy on Handing/Taking Over". You may frame this policy and circulate it to all the employees. Secondly, the sooner the employee submits the resignation, start acknowledging the letter. However, in the acknowledgment letter, outline the procedure for discharge. Write clearly to whom he will hand over the charge, when he will hand it over, how he will hand it over, what company property is outstanding against him, etc.
Take this incident as learning and prevent a similar situation in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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