Hello, how can we close the case of left employee ...
# general-qna-forum
s
Hello, how can we close the case of left employee (left with resignation but did not completed the notice period) another case of resignation with medical reason but did not turned up for notice period completion. Should we issue the relieving letter and close the topic?
h
Hey @Swati Joshi Ideally, you should release the documents but you have the right to recover the Notice period amount from the F&F of the candidate. Also, check if your company policy mentioned such a scenario and its impact on employee F&F settlement. Before taking any action, you must have to inform the employee via email or send a notice via India post(registered only). It will help you in the future.
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s
@Swati Joshi If the F&F is not carried out you cannot provide them with the relieving & experience letter.Also, if the employment verification comes to you for such employees, yu will have to mention that F & F was'nt carried out. You may close the file as absconding and close it once you have arrived at a conclusion with the employees.
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m
If nothing mentioned specifically in appointment or hr policies, the gross salary (or decided amount) for days on which notice period not served can be recovered for F&F completion followed by release of Reliving letter. And under some exceptional cases (supported by medical documents for severe cases), notice period can be waived off by Head HR or designated authority to close the case if given the rights to do so.
n
If the due diligence and the exit process is not followed then you have every right to not only withhold the experience letter but also demand the notice period recovery. Please ensure the followings before that: 1. Exit process clause and notice period clause are mentioned in the appt letter categorically, 2. upon absconding you have sent sufficient showcause notices, 3. The show cause notices also include exit process as a reminder and point the employee towards the appt ltr clauses 4. A conclusion email stating that due to non-adherence to the exit process the employee is being deemed absconding without notice and the employment is being discontinued. Attach the full and final settlement in the next mail
If it's an exceptional case then the management can just waive off the notice and close the matter based on the goodwill. But be appraised that it will set a precedence for other employees too.