Hi,
My name is Sudha. I am working in an organization in Kolkata as a Senior HR Executive, and currently, I am the only HR personnel, so I have no one to guide me as I am a fresher.
Recently, four of our experienced employees have left the organization without giving any notice. Perhaps they have found better opportunities elsewhere. They were supposed to give a month's notice. However, after receiving their salary for the month of April, they are not responding anymore.
Is it possible for us to take any legal action against them? More importantly, how can I prevent the rest of the employees from doing the same?
Please suggest a solution as soon as possible.
Regards,
Sudha
From India, Calcutta
1My name is Sudha. I am working in an organization in Kolkata as a Senior HR Executive, and currently, I am the only HR personnel, so I have no one to guide me as I am a fresher.
Recently, four of our experienced employees have left the organization without giving any notice. Perhaps they have found better opportunities elsewhere. They were supposed to give a month's notice. However, after receiving their salary for the month of April, they are not responding anymore.
Is it possible for us to take any legal action against them? More importantly, how can I prevent the rest of the employees from doing the same?
Please suggest a solution as soon as possible.
Regards,
Sudha
From India, Calcutta
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Hi,
Yes, you can stop the rest of the employees from doing the same. You can create a feedback form for employees. In that form, you can include objective-type questions (Yes/No) regarding company policy, culture, and HR policy. Each individual employee can fill out the form and provide feedback. It should be kept very confidential. After completing this process, you can analyze the feedback to identify the major problems that are causing employees to leave the organization.
By following this process, you will obtain insights into what employees think about the company. It is essential to discuss these problems with the management and work towards finding solutions that benefit both sides.
Regards,
Hardik
From India, Ahmadabad
Yes, you can stop the rest of the employees from doing the same. You can create a feedback form for employees. In that form, you can include objective-type questions (Yes/No) regarding company policy, culture, and HR policy. Each individual employee can fill out the form and provide feedback. It should be kept very confidential. After completing this process, you can analyze the feedback to identify the major problems that are causing employees to leave the organization.
By following this process, you will obtain insights into what employees think about the company. It is essential to discuss these problems with the management and work towards finding solutions that benefit both sides.
Regards,
Hardik
From India, Ahmadabad
Hi,
Even I have faced this problem in my previous organization. Try blocking the salary of employees who have submitted their resignation, as this may compel them to serve their notice period. The notice period can be adjusted in their full and final settlements.
You cannot take any legal action against them, but you can make them wait until they complete their notice period by withholding their relieving letters.
Regards,
Monika
From India, Mumbai
Even I have faced this problem in my previous organization. Try blocking the salary of employees who have submitted their resignation, as this may compel them to serve their notice period. The notice period can be adjusted in their full and final settlements.
You cannot take any legal action against them, but you can make them wait until they complete their notice period by withholding their relieving letters.
Regards,
Monika
From India, Mumbai
Appointment Letter itself is a service contract. Signing the same, both the employer and the employee have to abide by the terms and conditions of the said document. If the notice period clause is there, you can take legal action against the employee on the grounds of breach of contract according to the provisions of the "Indian Contract Act, 1872." There are some other remedies available as well.
Sutanu Maulik
9832281818
Durgapur
From India, Bolpur
Sutanu Maulik
9832281818
Durgapur
From India, Bolpur
Though you can take legal action for a breach of contract, it is not worth pursuing due to the time and civil litigation costs to the company. You can try the methods suggested by Monika.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
Sudha,
There are so many reasons for this, and it happens across India. I am listing some of the reasons:
1. Salary and benefits
2. Location of the workplace
3. Working atmosphere
4. Management culture (high pressure, organization not growing, etc.)
5. Industrial relations situation
6. Canteen
7. Supervisors' and managers' attitudes
8. Nature of the industry (it happens in the hotel industry)
9. Employee age group
10. Company policies on leave
11. Growth opportunities for the employee
Analyse, work out an action plan, and then act.
Best wishes,
Sivasankaran
From India, Chennai
There are so many reasons for this, and it happens across India. I am listing some of the reasons:
1. Salary and benefits
2. Location of the workplace
3. Working atmosphere
4. Management culture (high pressure, organization not growing, etc.)
5. Industrial relations situation
6. Canteen
7. Supervisors' and managers' attitudes
8. Nature of the industry (it happens in the hotel industry)
9. Employee age group
10. Company policies on leave
11. Growth opportunities for the employee
Analyse, work out an action plan, and then act.
Best wishes,
Sivasankaran
From India, Chennai
If people are leaving the company without informing, this clearly implies you have a sizeable "fence-sitter" population. Adopt good talent development practices. Build job descriptions on "must-haves," not "good-to-haves" - this single step will help reduce attrition in most companies, as the ideal candidates will be difficult to motivate and will have short stays.
We started a Toastmasters' club specifically as our employees lacked good communication skills in English. We also extended loans to staff to pay for their further education. Some of our employees were so poor we even gave loans to buy computers for kids back home, bikes, etc. (we don't have a single default on loans to date).
Introduce key performance indicators (KPIs) so that appraisals are transparent and objective. Targets should be mutually acceptable so that unreasonable expectations are curtailed from day one. Do you provide appointment letters in your company?
I have worked with a company (name withheld) wherein, barring 10-15 people, the entire staff - from department heads to interns, numbering over 500 people - were hired on contract. The arrangement was a sham.
Adopt deterrent steps. Follow the procedure and release an advertisement in the paper declaring the employee "absconding" - it reflects poorly on a person. Conduct world-class exit interviews: hire a third party to meet your ex-employees 2-3 months after they have left and are firmly settled elsewhere. Remember, the focus is solely on organizational learning.
From India, Delhi
We started a Toastmasters' club specifically as our employees lacked good communication skills in English. We also extended loans to staff to pay for their further education. Some of our employees were so poor we even gave loans to buy computers for kids back home, bikes, etc. (we don't have a single default on loans to date).
Introduce key performance indicators (KPIs) so that appraisals are transparent and objective. Targets should be mutually acceptable so that unreasonable expectations are curtailed from day one. Do you provide appointment letters in your company?
I have worked with a company (name withheld) wherein, barring 10-15 people, the entire staff - from department heads to interns, numbering over 500 people - were hired on contract. The arrangement was a sham.
Adopt deterrent steps. Follow the procedure and release an advertisement in the paper declaring the employee "absconding" - it reflects poorly on a person. Conduct world-class exit interviews: hire a third party to meet your ex-employees 2-3 months after they have left and are firmly settled elsewhere. Remember, the focus is solely on organizational learning.
From India, Delhi
Prevention is better than cure, that is what was pointed out by Mr. Rana. However, I don't understand one thing - how can employees working in your organization for a sufficient period of time abruptly leave and join another without completing any exit formalities? Particularly in my organization, without submitting a relieving and experience letter from the previous employer, we are not issuing an appointment letter or making payment of their salary to the employee. I think this practice is followed everywhere in Mumbai.
Regards,
Rajesh Rane
Manager - HR
From India, Mumbai
Regards,
Rajesh Rane
Manager - HR
From India, Mumbai
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