Hello Everyone,
I am a HR Executive in a private limited IT firm. I joined this company 3 months back, in fact I joined the Human Resources field just 3 months back so basically I am still in the learning phase about the core of this field. I would like to discuss about one of my office’s scenarios to clarify my doubt.
So, it happened that one of our employees resigned last week. She stopped company all of the sudden and sent a resignation from home to the HR Manager saying that she has some medical issues (she recently got eyes Lasik surgery and was claiming about some complications). Now, our HR Manager replied to her resignation saying that we are not accepting your resignation and you have to report back to the office within 24 hours and have to serve the notice period of 2 months. To this employee replied saying she won’t be able to serve the notice period, on which the HR Manager sent her a termination letter including that we are rejecting your resignation and as you failed to serve the notice period, we are terminating you from the employment. And now that employee cannot claim her relieving letter or experience letter from this Company even after spending 2 years here.
Being a human, I am feeling bad for that employee and I feel that this company is doing wrong with her career. But being a HR, I am in a dilemma if this is the right thing to do with the employee in such a scenario. Please help me out understanding this whole case.
Thanks!
From India, undefined
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I am a HR Executive in a private limited IT firm. I joined this company 3 months back, in fact I joined the Human Resources field just 3 months back so basically I am still in the learning phase about the core of this field. I would like to discuss about one of my office’s scenarios to clarify my doubt.
So, it happened that one of our employees resigned last week. She stopped company all of the sudden and sent a resignation from home to the HR Manager saying that she has some medical issues (she recently got eyes Lasik surgery and was claiming about some complications). Now, our HR Manager replied to her resignation saying that we are not accepting your resignation and you have to report back to the office within 24 hours and have to serve the notice period of 2 months. To this employee replied saying she won’t be able to serve the notice period, on which the HR Manager sent her a termination letter including that we are rejecting your resignation and as you failed to serve the notice period, we are terminating you from the employment. And now that employee cannot claim her relieving letter or experience letter from this Company even after spending 2 years here.
Being a human, I am feeling bad for that employee and I feel that this company is doing wrong with her career. But being a HR, I am in a dilemma if this is the right thing to do with the employee in such a scenario. Please help me out understanding this whole case.
Thanks!
From India, undefined
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Dear friend,
I appreciate that you wanted to empathize with the resigning employee. HR cannot be impersonal, and that's exactly what your HR Manager is doing. Nevertheless, it is the battle of the resigning employee. Let her fight it out. At best, suggest to her to approach this forum to seek advice from seniors on how to handle her case. However, do this surreptitiously!
It is better if you keep yourself out of this! Not just injustice, but we find that atrocities also go on against a section of society. However, to what extent to involve oneself is a matter of personal judgment.
Thanks,
Dinesh Divekar
From India, Bangalore
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8223I appreciate that you wanted to empathize with the resigning employee. HR cannot be impersonal, and that's exactly what your HR Manager is doing. Nevertheless, it is the battle of the resigning employee. Let her fight it out. At best, suggest to her to approach this forum to seek advice from seniors on how to handle her case. However, do this surreptitiously!
It is better if you keep yourself out of this! Not just injustice, but we find that atrocities also go on against a section of society. However, to what extent to involve oneself is a matter of personal judgment.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hi,
The termination of the lady was sad but not wrong. If anybody working for the company has some expectations from it, then in the same way, the company also has expectations from the employee, which he/she should fulfill. When she signed the appointment letter, there must have been a clause for the termination of the contract, and the same is supposed to be followed. If she cannot come to work due to sickness, then she may apply for some days of leave or leave without pay with proper justification. Also, if she is so sick that she can't serve the notice period as well, then she should provide proper medication, treatment, or a medical certificate from a medical practitioner. Furthermore, if yes, then are they verified through the company doctor? If yes, only then can the company consider humanitarian grounds. However, just sending a resignation from home cannot be considered a correct process. Additionally, the company has to follow some legal procedures, for which they need to make some strict decisions that may not be favorable or popular but are right in their place.
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The termination of the lady was sad but not wrong. If anybody working for the company has some expectations from it, then in the same way, the company also has expectations from the employee, which he/she should fulfill. When she signed the appointment letter, there must have been a clause for the termination of the contract, and the same is supposed to be followed. If she cannot come to work due to sickness, then she may apply for some days of leave or leave without pay with proper justification. Also, if she is so sick that she can't serve the notice period as well, then she should provide proper medication, treatment, or a medical certificate from a medical practitioner. Furthermore, if yes, then are they verified through the company doctor? If yes, only then can the company consider humanitarian grounds. However, just sending a resignation from home cannot be considered a correct process. Additionally, the company has to follow some legal procedures, for which they need to make some strict decisions that may not be favorable or popular but are right in their place.
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Dear Manoj,
Nothing is wrong with terminating the absent employee; however, the method of termination is not only legally questionable but also from the standpoint of HR Management.
What was the need to show overzealousness in terminating the female employee? If she had a medical problem, the HR Manager could have visited her either at the hospital or at her home. This visit would have helped in obtaining the necessary information as well as establishing an emotional connection with the employee. "Employee engagement" - is it not a buzzword among HR professionals? How is engagement developed? Through rushed terminations? What message will be sent to the other employees through this type of termination?
HR could have discussed with management to explore the option of keeping the absent employee on the roster but without pay. This approach could have allowed the unwell employee to return once medically fit. Why the need to push away an employee who has worked for two years in the company? After working for two years, an employee becomes well accustomed to the company's culture. Is it that simple to find a replacement who is culturally suitable? Furthermore, each employee takes knowledge with them when they leave the company. The resignation of each employee depletes the company's knowledge assets or knowledge wealth.
Lastly, no employee can be terminated without conducting a domestic inquiry. The overly confident HR Manager failed to fulfill this legal obligation as well.
Thanks,
Dinesh Divekar
From India, Bangalore
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Nothing is wrong with terminating the absent employee; however, the method of termination is not only legally questionable but also from the standpoint of HR Management.
What was the need to show overzealousness in terminating the female employee? If she had a medical problem, the HR Manager could have visited her either at the hospital or at her home. This visit would have helped in obtaining the necessary information as well as establishing an emotional connection with the employee. "Employee engagement" - is it not a buzzword among HR professionals? How is engagement developed? Through rushed terminations? What message will be sent to the other employees through this type of termination?
HR could have discussed with management to explore the option of keeping the absent employee on the roster but without pay. This approach could have allowed the unwell employee to return once medically fit. Why the need to push away an employee who has worked for two years in the company? After working for two years, an employee becomes well accustomed to the company's culture. Is it that simple to find a replacement who is culturally suitable? Furthermore, each employee takes knowledge with them when they leave the company. The resignation of each employee depletes the company's knowledge assets or knowledge wealth.
Lastly, no employee can be terminated without conducting a domestic inquiry. The overly confident HR Manager failed to fulfill this legal obligation as well.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hello,
Your feelings for the employee are appreciated, but the employee has to fulfill her part of the obligation. When there is a notice period of two months, either serve the notice period or pay for the notice period. Organizations cannot work with a revolving door policy, with people joining and leaving at will; there has to be some stability in operations. This issue is rather acute in the IT field, and the damage to the organization is incalculable. So if the employee is unable to serve the notice period, then she has to pay for the notice period. You can help by getting the employee to pay for the notice period, and the employee walks off with her relieving order & experience certificate. You can informally sound out the HR Manager; if the proposal is OK, then you can convey the same to her.
From India, Mumbai
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Your feelings for the employee are appreciated, but the employee has to fulfill her part of the obligation. When there is a notice period of two months, either serve the notice period or pay for the notice period. Organizations cannot work with a revolving door policy, with people joining and leaving at will; there has to be some stability in operations. This issue is rather acute in the IT field, and the damage to the organization is incalculable. So if the employee is unable to serve the notice period, then she has to pay for the notice period. You can help by getting the employee to pay for the notice period, and the employee walks off with her relieving order & experience certificate. You can informally sound out the HR Manager; if the proposal is OK, then you can convey the same to her.
From India, Mumbai
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Dear Divakar Sir,
With all due respect, the query raised by the person specifically indicates that the employee is willing or showing any interest to continue, and she had sent her resignation letter directly to the HR department. In case of absconding, the domestic inquiry is surely to be considered a legal norm, but is it really required for the employee who is resigning on immediate grounds on her willingness? If she truly wants to continue, then she should have applied for leave or asked for concession from the management, which she had not done.
Secondly, as a part of employee engagement or development, the HR manager is supposed to follow the above suggested things by you, but is it possible if the employee is really looking for concession or help from the management? Getting so rude in nature and sending a resignation letter does not solve the problem, nor does it create any communication as it should.
Thus, in my view, it is a failure from the employee's side as she is surely aware of her notice period, and she should have met personally or called the management to inform them about her situation and put up a request for help or assistance, which she surely had not done and chose the route of putting up a resignation. It is not easy for the management to work on a door-to-door policy and surely not possible in cases where employees put up immediate resignations.
These are solely my views, which may or may not be agreed upon by many people in the group/site.
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With all due respect, the query raised by the person specifically indicates that the employee is willing or showing any interest to continue, and she had sent her resignation letter directly to the HR department. In case of absconding, the domestic inquiry is surely to be considered a legal norm, but is it really required for the employee who is resigning on immediate grounds on her willingness? If she truly wants to continue, then she should have applied for leave or asked for concession from the management, which she had not done.
Secondly, as a part of employee engagement or development, the HR manager is supposed to follow the above suggested things by you, but is it possible if the employee is really looking for concession or help from the management? Getting so rude in nature and sending a resignation letter does not solve the problem, nor does it create any communication as it should.
Thus, in my view, it is a failure from the employee's side as she is surely aware of her notice period, and she should have met personally or called the management to inform them about her situation and put up a request for help or assistance, which she surely had not done and chose the route of putting up a resignation. It is not easy for the management to work on a door-to-door policy and surely not possible in cases where employees put up immediate resignations.
These are solely my views, which may or may not be agreed upon by many people in the group/site.
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Dear Friend,
Would you agree that the terminated employee was under an agreement with the employer to serve notice? If yes, why did she not serve the notice to which she is bound? The employee could have saved herself by paying the amount in lieu of notice. If the employee still feels that injustice has happened to her, she can knock on the door of the law, should something emerge out of it.
From India, Mumbai
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Would you agree that the terminated employee was under an agreement with the employer to serve notice? If yes, why did she not serve the notice to which she is bound? The employee could have saved herself by paying the amount in lieu of notice. If the employee still feels that injustice has happened to her, she can knock on the door of the law, should something emerge out of it.
From India, Mumbai
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I appreciate Manoj Kamble, every organization and every desiganation have some responsibilities, all should care of their responsibilities.
From India, Mumbai
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From India, Mumbai
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Dear Manoj,
This is my reply to Post No. 6.
Yes, I agree that there was immaturity on the part of the employee. However, in this case, immature behavior was met with immaturity from HR as well. HR followed a rigid line, stating, "Either follow what I say or leave," a dictum to which HR adhered. This approach might have been effective during the days of Personnel Management, but this authoritarian style is incongruent with HR Management in 2017.
It is possible that the employee is also being deceitful. The medical unfitness reason could be fabricated. Nevertheless, HR neither attempted to verify the truth nor utilized persuasive skills to retain the employee. Is employee retention not crucial for non-branded companies?
Setting aside the employee's medical fitness or the inability to serve the notice period, there are common instances where employees resign by adhering to the notice period. In many companies, HR persuades resigning employees to stay even in such cases. Why do they do this? Why don't they just fulfill their duties perfunctorily and begin the exit process?
HR often uses terms like "employee engagement" but in practice, acts contrary to these ideals. This post is a prime example of this contradiction.
While adherence to rules, regulations, and discipline is vital for any organization, I merely questioned the crude implementation. I did not observe any "humane" aspect of HR. That is my perspective.
Thanks,
Dinesh Divekar
From India, Bangalore
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This is my reply to Post No. 6.
Yes, I agree that there was immaturity on the part of the employee. However, in this case, immature behavior was met with immaturity from HR as well. HR followed a rigid line, stating, "Either follow what I say or leave," a dictum to which HR adhered. This approach might have been effective during the days of Personnel Management, but this authoritarian style is incongruent with HR Management in 2017.
It is possible that the employee is also being deceitful. The medical unfitness reason could be fabricated. Nevertheless, HR neither attempted to verify the truth nor utilized persuasive skills to retain the employee. Is employee retention not crucial for non-branded companies?
Setting aside the employee's medical fitness or the inability to serve the notice period, there are common instances where employees resign by adhering to the notice period. In many companies, HR persuades resigning employees to stay even in such cases. Why do they do this? Why don't they just fulfill their duties perfunctorily and begin the exit process?
HR often uses terms like "employee engagement" but in practice, acts contrary to these ideals. This post is a prime example of this contradiction.
While adherence to rules, regulations, and discipline is vital for any organization, I merely questioned the crude implementation. I did not observe any "humane" aspect of HR. That is my perspective.
Thanks,
Dinesh Divekar
From India, Bangalore
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Ideally, in this kind of scenario, HR should first talk to her manager in case he knows something. Normally, before emailing a resignation, the employee would typically speak to the manager and then send an email.
This scenario is a little suspicious. Perhaps she has encountered negative behavior from the manager regarding her situation, prompting her to send the email directly. Alternatively, she may have another job offer in hand, enabling her to join the new position immediately.
From India, Pune
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This scenario is a little suspicious. Perhaps she has encountered negative behavior from the manager regarding her situation, prompting her to send the email directly. Alternatively, she may have another job offer in hand, enabling her to join the new position immediately.
From India, Pune
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