hi Ryan
I absolutely agree ,there is no second thought for that but what i meant was acceptance of notice period duration.If the head accepts then he will be releived wid the letter even if he leaves within 2days or a week against a mnth's notice period.
From India, Gurgaon
2I absolutely agree ,there is no second thought for that but what i meant was acceptance of notice period duration.If the head accepts then he will be releived wid the letter even if he leaves within 2days or a week against a mnth's notice period.
From India, Gurgaon
Hi What legal actions can an employee consider if the employer accepts his resignation letter but witholds his salary of an entire month...citing trivial reasons........... Regards Shiju
From India, Mumbai
From India, Mumbai
As far as i Know,it depends upon the policy of the company.Usually the salary is put on hold when an individual resigns,and the complete amount is given after a/c is settled at the time of releiving.
So that any amount if recoverable can be recovered.
but yes i guess if there is some urgency then he can ask for the salary in between also but providing a strong reason.Actually it all difffers organisation to org and the policy defined.
From India, Gurgaon
So that any amount if recoverable can be recovered.
but yes i guess if there is some urgency then he can ask for the salary in between also but providing a strong reason.Actually it all difffers organisation to org and the policy defined.
From India, Gurgaon
Dear All,
I'm bit baffled with responses to my query, can somebody tell me what should be a definitive stand on it.
As this matter happened 1 & 1/2 years back, can we hold him liable for not doing proper handover now ?
Also at that point his resignation (he resigned via email, not in writing)was not accepted by his boss although later on exit formalities (except exit interview), full and final settlement was done (which the employee pursued through email).
Till date we haven't taken action against him.
Thanks
Vijay Raj Singh
From India
I'm bit baffled with responses to my query, can somebody tell me what should be a definitive stand on it.
As this matter happened 1 & 1/2 years back, can we hold him liable for not doing proper handover now ?
Also at that point his resignation (he resigned via email, not in writing)was not accepted by his boss although later on exit formalities (except exit interview), full and final settlement was done (which the employee pursued through email).
Till date we haven't taken action against him.
Thanks
Vijay Raj Singh
From India
Hi Vijay,
I'm in agreement with the essence of most of the advises that have reached you including strong ones like Deepas'.
I presume the person left before his notice period expired. You however did not deduct the salary deductible in lieu of the notice period and cleared all his dues. Though I'm not clear about your Co policies I assume he just vanished after sending the e-mail - No job closure, handover etc. - So I think it is not important to do anything from your side & Legally he has no standing. As far as the fear of reputation to the company is concerned, such reality applies to him too and it is sad but I think in a more grave manner. No body would like to recruit a troublemaker.
I agree with Ryan that you cannot hold an employee against his will. But who wants to hold him here!! he's already left in a very indisciplined manner (i'm presuming the info given is all there to it).
BUT in spite of all these MY ADVISE:
You have already settled his accounts and all dues. So why hold on to the letter. The other way round given the letter but not the undeserved amount looks still better. Lets be realistic - You do not benefit in any manner by not giving the relieving letter. If it is to set a precedent, I think you must find a more creative and stronger message. So give him his letter, let him be gone with it & donot waste any more time or mindspace on him. Believe there are better & more constructive things you could find to do.
Also I agree to the fact that settling his dues without any issues, is in a way accepting that everything is in order.
Thanks & Best Regards
Santosh
I'm in agreement with the essence of most of the advises that have reached you including strong ones like Deepas'.
I presume the person left before his notice period expired. You however did not deduct the salary deductible in lieu of the notice period and cleared all his dues. Though I'm not clear about your Co policies I assume he just vanished after sending the e-mail - No job closure, handover etc. - So I think it is not important to do anything from your side & Legally he has no standing. As far as the fear of reputation to the company is concerned, such reality applies to him too and it is sad but I think in a more grave manner. No body would like to recruit a troublemaker.
I agree with Ryan that you cannot hold an employee against his will. But who wants to hold him here!! he's already left in a very indisciplined manner (i'm presuming the info given is all there to it).
BUT in spite of all these MY ADVISE:
You have already settled his accounts and all dues. So why hold on to the letter. The other way round given the letter but not the undeserved amount looks still better. Lets be realistic - You do not benefit in any manner by not giving the relieving letter. If it is to set a precedent, I think you must find a more creative and stronger message. So give him his letter, let him be gone with it & donot waste any more time or mindspace on him. Believe there are better & more constructive things you could find to do.
Also I agree to the fact that settling his dues without any issues, is in a way accepting that everything is in order.
Thanks & Best Regards
Santosh
Dear Vijay,
I am again saying the same thing...you having cleared his account from your company shows that you had no objection in the way he had put in his resignation.
Another point is that a mail is a safest way to resign beacuse the employee always has a record of intimating the company of his resignation in his mail(sent).(no matter accpetance has been taken or not).You acn hold him in any way.
Secondly the only thing you can do is to mention improper resignation and noice period not being served in his expereince letter which would serve him a lesson.Though you can avoid it too.
as aptly said , it was an HR fault's on not being cautious at that time , so its better to use your time in more constructive matters and give him his exp letter/relieving letter.
Regards,
Anu
From India, Calcutta
I am again saying the same thing...you having cleared his account from your company shows that you had no objection in the way he had put in his resignation.
Another point is that a mail is a safest way to resign beacuse the employee always has a record of intimating the company of his resignation in his mail(sent).(no matter accpetance has been taken or not).You acn hold him in any way.
Secondly the only thing you can do is to mention improper resignation and noice period not being served in his expereince letter which would serve him a lesson.Though you can avoid it too.
as aptly said , it was an HR fault's on not being cautious at that time , so its better to use your time in more constructive matters and give him his exp letter/relieving letter.
Regards,
Anu
From India, Calcutta
Hi Santosh
I agree with your point that there is no in holding his letter.But we have to be professional,we just can't let things happen personally.He is asking letter after 1 1/2 yr it means he is need of this letter & is necessary to make him realise to follow the company policies in future so that he do not repeat the same thing and any employee can skip 6mnths of exp but is difficult for him to skip 1yr n above exp and i guess that cud b d reason for which he is askin letter after such long period.
Second thing what we do with one percolates with others also his colleagues or other employees will also get a gud excuse to follow him as they know very well we will get releiving letter even if we abscond.
But yes above all the biggest mistake was from the mgt side that they let him clear the dues,in one way have accepted his behaviour and deeds.So it depends on them if they want to give they can but if not then have to find a good excuse as how/why they cleared his dues(maybe not to have any outstanding from comp side).
But my aim providing strong points against is to understand that an employee can no way go way against the comp policy if he does he should get a lesson for that.And probably some comments related to that can be mentioned in the letter.
regards
deepa
From India, Gurgaon
I agree with your point that there is no in holding his letter.But we have to be professional,we just can't let things happen personally.He is asking letter after 1 1/2 yr it means he is need of this letter & is necessary to make him realise to follow the company policies in future so that he do not repeat the same thing and any employee can skip 6mnths of exp but is difficult for him to skip 1yr n above exp and i guess that cud b d reason for which he is askin letter after such long period.
Second thing what we do with one percolates with others also his colleagues or other employees will also get a gud excuse to follow him as they know very well we will get releiving letter even if we abscond.
But yes above all the biggest mistake was from the mgt side that they let him clear the dues,in one way have accepted his behaviour and deeds.So it depends on them if they want to give they can but if not then have to find a good excuse as how/why they cleared his dues(maybe not to have any outstanding from comp side).
But my aim providing strong points against is to understand that an employee can no way go way against the comp policy if he does he should get a lesson for that.And probably some comments related to that can be mentioned in the letter.
regards
deepa
From India, Gurgaon
Dear Vijay,
These issues regarding employees not serving a one month notice are very common nowadays. Since I work in an IT company, I go through these cases very often.
The experience letter could have been held back if his full and final settlement was pending.
The point here is, by holding back his experience letter, both parties have nothing to gain. Experience letter should be held back, only in very serious cases like leakage of confidential information etc.
I suggest, you end this at a happy note, by giving him the letter.
Thanks and Regards,
Karan.
These issues regarding employees not serving a one month notice are very common nowadays. Since I work in an IT company, I go through these cases very often.
The experience letter could have been held back if his full and final settlement was pending.
The point here is, by holding back his experience letter, both parties have nothing to gain. Experience letter should be held back, only in very serious cases like leakage of confidential information etc.
I suggest, you end this at a happy note, by giving him the letter.
Thanks and Regards,
Karan.
Hi,
Why cannot you give experience letter saying 'he worked during so and so; and his performance is not upto mark and needs improvement; and left the organization with giving sufficient notice period or handing over"?
From India, Bhubaneswar
Why cannot you give experience letter saying 'he worked during so and so; and his performance is not upto mark and needs improvement; and left the organization with giving sufficient notice period or handing over"?
From India, Bhubaneswar
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Relieving & Experience Letter.doc