Dear Seniors,
If the HR knows through a trustworthy source that an employee is planning to abscond after receiving their salary, can we withhold their salary and request them to serve the notice period before receiving their salary? If we knowingly release the salary, what authority does HR have in this situation?
Regards, Anoop
From India, Madras
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2If the HR knows through a trustworthy source that an employee is planning to abscond after receiving their salary, can we withhold their salary and request them to serve the notice period before receiving their salary? If we knowingly release the salary, what authority does HR have in this situation?
Regards, Anoop
From India, Madras
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Dear Anoop,
Have you received any written proof about the employee's proposed absconding? If so, please present the same to your top-level boss, preferably at the director level. Then, you can flag his payment by mentioning that there is some issue with the software or with last year's leave, which is currently under scrutiny. Once the matter is resolved, your payment will be released.
Please promptly inform your immediate boss about the significant fact.
Thank you.
From India, Kumbakonam
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Have you received any written proof about the employee's proposed absconding? If so, please present the same to your top-level boss, preferably at the director level. Then, you can flag his payment by mentioning that there is some issue with the software or with last year's leave, which is currently under scrutiny. Once the matter is resolved, your payment will be released.
Please promptly inform your immediate boss about the significant fact.
Thank you.
From India, Kumbakonam
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Dear Bhaskar,
Thank you for your feedback. However, how long can we continue with this situation? The employee claims to have personal problems (which is not true) and is not coming to the office. This leaves us with no opportunity to train a new hire to fill his position. Due to the critical nature of the situation, our management has allowed me to make the decision. The employee has recently joined, and there is no pending work or settlement to handle in the Full and Final (F&F) process.
Regards,
Anoop
From India, Madras
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Thank you for your feedback. However, how long can we continue with this situation? The employee claims to have personal problems (which is not true) and is not coming to the office. This leaves us with no opportunity to train a new hire to fill his position. Due to the critical nature of the situation, our management has allowed me to make the decision. The employee has recently joined, and there is no pending work or settlement to handle in the Full and Final (F&F) process.
Regards,
Anoop
From India, Madras
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Hello,
Why not simply call him and remind him that you have reasons to draw his attention to the terms and conditions of employment, especially regarding the Notice Period. Don't get dragged into further discussion. This is a transparent yet tactful approach!
If after this, should the employee leave in defiance of the terms and conditions of employment and the Notice Period, you have the right (I suppose) in the contract of employment to not pay him the Notice Period, adjust balance PL, etc. You, in any case, withhold/indefinitely delay his clearance formalities and on that count hold F & F on all counts. This is the way the "administration" component of the HR job must act. Now it is for him to proceed against the company for recovering his dues.
Further, you can make the relieving letter, if at all you make it in this case, appropriately and give negative feedback to his potential employers, for what it will be worth.
Kindly do NOT be a captive of a mistaken notion that HR cannot/should not act tough or meet fire with fire! HR also has a backbone. If HR plays fair and receives an unfair response, then HR taking extreme steps is fully justified. Never forget that you are working for an ECONOMIC organization and NOT in a charitable organization (where you may, albeit wrongly, choose to be lenient at the costs of the funding agencies!)
Be fair, act rationally, don't ever initiate recourse to dishonest means and approaches!
Clear?
Good Luck.
Regards,
Samvedan
August 11, 2011
From India, Pune
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Why not simply call him and remind him that you have reasons to draw his attention to the terms and conditions of employment, especially regarding the Notice Period. Don't get dragged into further discussion. This is a transparent yet tactful approach!
If after this, should the employee leave in defiance of the terms and conditions of employment and the Notice Period, you have the right (I suppose) in the contract of employment to not pay him the Notice Period, adjust balance PL, etc. You, in any case, withhold/indefinitely delay his clearance formalities and on that count hold F & F on all counts. This is the way the "administration" component of the HR job must act. Now it is for him to proceed against the company for recovering his dues.
Further, you can make the relieving letter, if at all you make it in this case, appropriately and give negative feedback to his potential employers, for what it will be worth.
Kindly do NOT be a captive of a mistaken notion that HR cannot/should not act tough or meet fire with fire! HR also has a backbone. If HR plays fair and receives an unfair response, then HR taking extreme steps is fully justified. Never forget that you are working for an ECONOMIC organization and NOT in a charitable organization (where you may, albeit wrongly, choose to be lenient at the costs of the funding agencies!)
Be fair, act rationally, don't ever initiate recourse to dishonest means and approaches!
Clear?
Good Luck.
Regards,
Samvedan
August 11, 2011
From India, Pune
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Hello,
Please try to find out the reason for the absence and do not conclude based on mere facts. If he truly stands on the negative side of it, withhold the pay. As you know, money pinches. One thing is for sure, everything reciprocates. The way he wants to leave the company may not happen just like that. He has to transfer his knowledge and make a smooth exit. Not today, he requires the company's feedback. Sooner or later, he will approach you for feedback. It's good you call him up and inform him of the consequences.
Have a nice time.
Regards,
Uday
From India, Visakhapatnam
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Please try to find out the reason for the absence and do not conclude based on mere facts. If he truly stands on the negative side of it, withhold the pay. As you know, money pinches. One thing is for sure, everything reciprocates. The way he wants to leave the company may not happen just like that. He has to transfer his knowledge and make a smooth exit. Not today, he requires the company's feedback. Sooner or later, he will approach you for feedback. It's good you call him up and inform him of the consequences.
Have a nice time.
Regards,
Uday
From India, Visakhapatnam
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Hello Anoop,
I am not sure Bhaskar's suggestion would work in this case, for the simple reason that all this guy needs to do is to check out with his friends [he does have them within your company since he seems to have shared about his plans] and realize that you aren't telling him the facts. And in the process, you aren't handling the main issue at hand.
The best way would be to confront him--straight and face-to-face [NOT over the phone]--as Samvedan suggested. However, I wouldn't suggest you focus on the Notice Period rules. Rather, focus on confronting him about what you heard about his plans. Obviously, he will deny it. Then switch over to his continued absence and the reasons--again, he will most likely stick to his 'personal problem' angle. Pin him down saying that you have info that his personal problem isn't true and if he wants the Company to take his word, then he needs to substantiate with concrete evidence. Else, the company is free to take it in the way it deems fit. And in case he refuses to come for a face-to-face, give him an ultimatum that your boss [or whoever is a very senior official] wants to meet him.
I hope you got what I am driving at--you will be creating the ground for disciplinary action--if you decide to move in that direction--and keep the salary aspect totally OUT OF FOCUS AND DISCUSSION. You would, thus, also have handled the issue of whether to pay his salary or not, without even broaching the topic--until you are satisfied with his responses.
All the Best.
Regards,
TS
From India, Hyderabad
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I am not sure Bhaskar's suggestion would work in this case, for the simple reason that all this guy needs to do is to check out with his friends [he does have them within your company since he seems to have shared about his plans] and realize that you aren't telling him the facts. And in the process, you aren't handling the main issue at hand.
The best way would be to confront him--straight and face-to-face [NOT over the phone]--as Samvedan suggested. However, I wouldn't suggest you focus on the Notice Period rules. Rather, focus on confronting him about what you heard about his plans. Obviously, he will deny it. Then switch over to his continued absence and the reasons--again, he will most likely stick to his 'personal problem' angle. Pin him down saying that you have info that his personal problem isn't true and if he wants the Company to take his word, then he needs to substantiate with concrete evidence. Else, the company is free to take it in the way it deems fit. And in case he refuses to come for a face-to-face, give him an ultimatum that your boss [or whoever is a very senior official] wants to meet him.
I hope you got what I am driving at--you will be creating the ground for disciplinary action--if you decide to move in that direction--and keep the salary aspect totally OUT OF FOCUS AND DISCUSSION. You would, thus, also have handled the issue of whether to pay his salary or not, without even broaching the topic--until you are satisfied with his responses.
All the Best.
Regards,
TS
From India, Hyderabad
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Dear Seniors,
Merely knowing through a "trustworthy" source that an employee would leave the organization after receiving his salary is not reason enough to withhold his salary. That would be a very poor decision to make.
Please understand that if the employee has made up his mind to leave the Company, he will do so anyway. There may be some compelling reasons for his decision to do so. Try to find out these reasons, and maybe you will find a solution to address this issue.
The best way to handle this would be to have a face-to-face chat with him.
In the meantime, please release his salary without any further delay if it has not been done so.
Best Wishes,
Vasant Nair
If the HR knows through a trustworthy source that an employee is going to abscond after receiving his salary, can we hold his salary, asking him/her to serve the notice period to receive the salary? If we release the salary knowingly, what power does HR have in this situation?
Regards,
Anoop
From India, Mumbai
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Merely knowing through a "trustworthy" source that an employee would leave the organization after receiving his salary is not reason enough to withhold his salary. That would be a very poor decision to make.
Please understand that if the employee has made up his mind to leave the Company, he will do so anyway. There may be some compelling reasons for his decision to do so. Try to find out these reasons, and maybe you will find a solution to address this issue.
The best way to handle this would be to have a face-to-face chat with him.
In the meantime, please release his salary without any further delay if it has not been done so.
Best Wishes,
Vasant Nair
If the HR knows through a trustworthy source that an employee is going to abscond after receiving his salary, can we hold his salary, asking him/her to serve the notice period to receive the salary? If we release the salary knowingly, what power does HR have in this situation?
Regards,
Anoop
From India, Mumbai
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Dear Anoop,
This is a common practice in present days. You may have a discussion with him and see whether he is unsatisfied or planning to leave. Then analyze the root cause and take the necessary action to retain your workforce, which saves your costs and time.
Holding salary, serving notice period, and delays in F&F are the last weapons in the hand of HR. If you can motivate employees and reduce attrition, this will be a greater achievement for you.
I hope this may help you.
From India, Bhubaneswar
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This is a common practice in present days. You may have a discussion with him and see whether he is unsatisfied or planning to leave. Then analyze the root cause and take the necessary action to retain your workforce, which saves your costs and time.
Holding salary, serving notice period, and delays in F&F are the last weapons in the hand of HR. If you can motivate employees and reduce attrition, this will be a greater achievement for you.
I hope this may help you.
From India, Bhubaneswar
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I agree with Mr. Nair. Always keep one thing in mind that we are HR people working for an organization but never ignore humanity. Salary is bread and butter. Only words are not enough for trust. Do you have any proof, or are you just predicting? Your prediction may harm his career and personal life too. Please handle it with utmost care and sensitivity. For me, holding salary is not a correct way.
Thanks
From India, Kolhapur
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Thanks
From India, Kolhapur
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Dear Anoop,
I agree with Mr. Vasant Nair and other members. Please talk to the employee face-to-face and try to find out the reason for his decision. Make him understand that his approach is wrong and unprofessional, which can harm his future employment as many companies conduct past employment reference checks. If he really wants to leave the organization, he should serve the notice period as per the appointment letter.
Regards,
Roopa Mehra
From India, Gurgaon
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I agree with Mr. Vasant Nair and other members. Please talk to the employee face-to-face and try to find out the reason for his decision. Make him understand that his approach is wrong and unprofessional, which can harm his future employment as many companies conduct past employment reference checks. If he really wants to leave the organization, he should serve the notice period as per the appointment letter.
Regards,
Roopa Mehra
From India, Gurgaon
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