Hi all,

I am her again with my queries. Cite HR has been a great help to me always.

I have lot of confusion in different ways of resignation- person is serving notice period, not serving, Ask to leave, Termination- on basis of NCNS, on basis of behavioral or not following conduct etc.

I would be grateful if u all can help me to understand the same n get my concepts clear about it.

Lets start with RESIGNATIONS - if person is giving formal resignation n serving notice period.. is it mandatory to be hand written or e mail is accepted. once notice period is completed we will do the F&F after 45 days.

If person is giving formal resignation n not serving notice period... There would again be scenarios- notice period 1) waived off. 2) adjusted 3) Partially adjusted.

If it is waived off we will go with normal procedure.

I need help on... if it is adjusted or partially adjusted... how should we proceed.. should we ask the employee to write in his resignation that 1 month notice period will get adjusted with the last months salary... what if the employee has not written same in the resignation and later on they ask for their salaries.

ASK TO LEAVE- When company is asking to leave.. we need to collect the resignation from the employee.. and in ATL is notice period is waived off or it can be adjusted. Also on their relieving letters should it be mentioned that they were asked to leave.

I m confused so tell me the entire procedure for ATL

TERMINATION- Basic thing which I want to know in termination is do we do any type of F&F in Termination that might on any basis absconding, behavioral issue etc. For example one of the new employees has worked for about 15 days after that he got terminated on the basis of behavioral issues or negative employee verification or any reason would he be eligible for any F&F .

Waiting for u all to reply

Thanks

Kriti Gupta

From India, Delhi
Hi

w r t normal resignation, why 45 days? you need look at payment of wages and statutory compliance in respect of PF, Bonus and gratuity. As per Gratuity Act within 30days, you need to settle payment. Hence, the time taken to FF settlement should b within 10 days from last working day.

in a case resignation is given notice period not served, you need to refer to terms and coditions of appointment and quote the condtion in resignation acceptance letter and adjust the dues against Final settlement payments. if you inform that recoverable days under notice period in advance, parting employee should accept as this term is mutually agreed term at the joining.

ATL , under this, when employee is asked to go without giving notice, it morale responsibility of the employer to pay notice period days and releive him except in the case of misconduct or any other disciplinary grounds of ATL.

w r t Termination, on disciplinary grounds or against any act detrimental to organisation interests, you need not pay notice period cost. but he would be eligible for FF. Termination on the grounds of labour court settlement , you should abide by the court judgement and pay any dues.. in other cases , you can use descrition of waiver on humanitarian grounds.

From India, Hyderabad
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