Anonymous
Hello Connections,

Have a Question my company has a Notice period Rule of 90 days. either served notice period or buyout. an employee who is facing a health issue and unable to travel from his residential location to the office location. he put in his resignation and wants to relive in 15 days against the buyout option. but the manager threaten him and told if he discontinue they will put a notice that he is absconding and file a case against him. he still said he was unable to continue and he do the same. Therefore manager has not replied to his resignation mail for 15 days. when the employee call him and said he will unable to come from tomorrow as mentioned then he also threatens him and said now you are absconding and no Reliving documents will give to you. all the handover formalities and knowledge transfer is done in the next 5 days. the Assets, Handover, and official Id were submitted but the documents of no dues were not provided to the employee. also when employees send mail regarding acknowledging the mail as submitted the Assets. manager and the admin team have not replied. after some days Corp. HR mail came regarding them reliving him and completing the clearance process. so the manager mentioned their this was Abscond case.

My question is - is this an Ascending Case - as he informed me before leaving the Job?
If the Employee is ready to pay the buyout Amount will he will be able to get the Reliving documents?
If the manager and Corp. HR department did not reply on time what should the employee do next?

From India, Mumbai
Hi,

Are you the affected employee or HR of that Company?

If the request of the employee for early relieving on ill health grounds that even with buyout option, if genuine, should have been considered by the Company. Not sure whether the employee attached proper medical proof along with his resignation email. If no proper response from Manager / Corporate HR then the employee may take it up further Labour Officer of particular jurisdiction. However before that employee is advised to visit the office by person meet concerned and explain his /her situation along with proper supporting documents.

From India, Madras
Thanks for your Reply, sir. I am HR of the company but in another unit as a trainee in the HR department, I have not experienced such a situation and need to understand what will be the output or outcoming in this case.
the employee said he informed them and then leave so the absconding term is not considered for him. and the manager told him that if 90 day's notice period was not served then he will be considered as Absconding. before putting up the resignation Employee meet the Manager and asks for early relief from his duty.

From India, Mumbai
Hi,

Understood. There are two sides to every coin. My opinion was based on your summary. Not sure whether the reason quoted by employee is genuine or he /she is holding some offer. At times it happen like this employees leaving quoting false reasons also. Hence HR /immediate Superior is forced to be very strict on such requests.

From India, Madras
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