There are 6 ways that an employee can leave the employer (a) Resignation (b) Contract expiry (c) Termination (d) Dismissal (e) Death (f) Incapacitation
There are 4 types of notice that an employee can give to the employer when he or she resigns:
(a) The employee give proper or full notice to the employer
(b) The employee give short notice to the employer
(c) The employee give immediate notice to the employer
(d) The employee did not turn up for work
There are 9 types of circumstances under which an employee resigns:
(a) The employee gives notice and leaves as planned.
(b) The employee gives notice of a distant future date and leaves as planned.
(c) The employee gives notice and the employer asks for him or her to extend the last day of service.
(d) The employee gives notice and the employer persuaded the employee to stay without any change in terms and condition of employment.
(e) The employee gives notice and the employer persuaded the employee to stay with a salary adjustment or even a retention bonus.
(f) The employee gives notice but changed his or her mind.
(g) The employee gives notice, left, returned and was rehired.
(h) The employee wanted to take long or sabbatical leave but did not get the approval. The supervisor is ready to rehire the employee.
(i) The employer wanted to terminate the services of the employee but allow the employee to resign.
There are 5 actions that the employer can take when an employee resigns:
(a) Accepts the resignation and the employee continue working until the last day of service
(b) Accepts the resignation and the employee continue working until the last day of service but the employer directs the employee to use his or her balance annual or vacation leave.
(c) Accepts the resignation and excuse the employee from returning to work from a specified day or date onwards.
(d) Accepts the resignation and ask the employee to go on gardening leave immediately.
(e) Terminate the employee by paying salary in lieu of notice.
There are 4 actions that the employer can take with the position:
(a) Close the position – Make it redundant.
(b) Demote the position.
(c) Promote the position.
(d) Redesign the position.
There some points that the Human Resource Professional must be mindful of in the case of resignations:
(a) The notice should go to the Head of Department before coming to the HR Department and the Head of Organization needs to be notified (the Managing Director or CEO). If you have received the address to yourself or to the HR department, do quickly divert it back to the Department Head and notify him or her early by phone or email.
(b) Should the resignation letter come to you directly, it will be a good opportunity can ask the employee on a personal basis as to why he or she is leaving the job and whether he or she has found another job.
(c) Determine whether unwritten notice is acceptable. This can be done by checking the contract of employment. Usually verbal, email, mobile phone texting are not good enough. It is useful to have a generic resignation letter template available should employee ask you what to write.
(d) Ensure that the Head of Department signs on the resignation and indicates “Accepted” or “Will Speak to Staff”.
(e) Kick start the replacement process as soon as you know the staff is intending to leave. It will be helpful to use a manpower requisition form because this let you know whether the position will be made redundant or replacement needs to be place on hold.
(f) Never persuade any employee to retract their employment letter. Legally, retraction of resignation is never unilateral. The Management may want to delay any replacements; make the position redundant or even change it to a different position. In the case where the company has been acquired,
(g) Where possible, date the receipt of the resignation letter once it comes to the Department.
(h) Any extension of the staff’s service should be documented using an extension of service letter and agreed and acknowledged by staff, with terms and conditions stated as remain.
(i) In the case where the company allows the staff to resign, a second resignation letter template with a request for short notice may be useful.
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