Hello Everyone, I need advice.
We had one employee in a senior post who was on a notice period, but suddenly he called and said that due to medical reasons, he needs to urgently go to his hometown. He understands that his salary will be in lieu of the notice period. He completed only 6 days of the notice period, but we allowed him to leave due to the medical urgency.
Now, he is sending us an email in a very arrogant language claiming his salary, experience, and relieving letters.
I have the following questions:
1. Why should we pay him if he has not served the full notice period?
2. Did the company lose an important client due to the employee's false commitment?
3. What about his arrogant language? At one point, he said that he will give his salary as charity to the company.
4. The company understood his situation and allowed him to go, so is this a fault of the company?
5. We have had a bad experience with him. Do we still need to provide him with experience and relieving certificates?
I just don't understand... I am expecting your valuable feedback.
From India, Pune
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We had one employee in a senior post who was on a notice period, but suddenly he called and said that due to medical reasons, he needs to urgently go to his hometown. He understands that his salary will be in lieu of the notice period. He completed only 6 days of the notice period, but we allowed him to leave due to the medical urgency.
Now, he is sending us an email in a very arrogant language claiming his salary, experience, and relieving letters.
I have the following questions:
1. Why should we pay him if he has not served the full notice period?
2. Did the company lose an important client due to the employee's false commitment?
3. What about his arrogant language? At one point, he said that he will give his salary as charity to the company.
4. The company understood his situation and allowed him to go, so is this a fault of the company?
5. We have had a bad experience with him. Do we still need to provide him with experience and relieving certificates?
I just don't understand... I am expecting your valuable feedback.
From India, Pune
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Dear Dipti,
I understand your situation. When a senior employee becomes wayward, it causes mental hardship for the company officials. Anyway, come what may, we have to handle the situation that comes in its wake.
Whether the employee is eligible to receive a salary in lieu of the notice or not can best be determined after reading the terms and conditions of separation specified in the appointment letter. Therefore, please review his appointment letter.
Many companies clearly mention in the appointment letter that "the company reserves the right to pay the salary in lieu of the notice period." If you have included such a clause, then your management can withhold the salary. Responses to your other questions are as follows:
1. Why pay him if he has not served the full notice period?
Reply: If the employee is still under the notice period, then it cannot be said that he has not completed it. Additionally, he requested leave due to a medical emergency, which was granted by your company official. Therefore, it is an authorized absence and not unauthorized. However, if he overstays, it becomes unauthorized and may lead to misconduct. Once his six-day leave is over, inform him to resume duties to complete the notice period. No extension of leave will be granted, and disciplinary action will be initiated for the overstay.
2. Company lost an important client due to that employee's false commitment?
Reply: Do you have concrete evidence of the commitment made by the employee? If so, conduct a domestic inquiry to ascertain whether the commitment was false. If it is found that the company incurred losses due to the false commitment, the employee is liable for appropriate punishment. This inquiry is separate from the disciplinary action mentioned in paragraph 1 above.
3. What about his arrogant language? At one point, he said he would give his salary as charity to the company.
Reply: Issue a show-cause notice to the employee for his unbecoming and indecorous behavior. If the explanation is unsatisfactory, disciplinary action may be initiated. This disciplinary action is independent of the previous two actions.
4. The company understood his situation and allowed him to leave, so is this a fault of the company?
Reply: When an employee makes a request, the company may accommodate it in good faith. Therefore, the company officials were not at fault per se. However, if the employee takes undue advantage of the facilities provided, it breaches trust, and the company reserves the right to withdraw those facilities.
5. We have had a bad experience with him; do we still need to provide him with experience and relieving certificates?
Reply: Issuing appointment or experience letters is standard administrative procedure and should not be linked to the employee's behavior. Proceed with issuing the relieving letter. If disciplinary action is taken against the employee and a punishment is imposed, adverse remarks may be included in the relieving letter. Ensure there is sufficient evidence of misconduct, conduct a fair inquiry, allow the employee to present their views, and proceed cautiously.
Impact on the Organization's Culture: Instead of being disheartened by the employee's misconduct, use this as an opportunity to demonstrate a culture of discipline, fairness, and justice in your company. Communicate indirectly through actions that employment is a commitment that must be handled sensitively.
Thank you,
Dinesh Divekar
From India, Bangalore
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8032I understand your situation. When a senior employee becomes wayward, it causes mental hardship for the company officials. Anyway, come what may, we have to handle the situation that comes in its wake.
Whether the employee is eligible to receive a salary in lieu of the notice or not can best be determined after reading the terms and conditions of separation specified in the appointment letter. Therefore, please review his appointment letter.
Many companies clearly mention in the appointment letter that "the company reserves the right to pay the salary in lieu of the notice period." If you have included such a clause, then your management can withhold the salary. Responses to your other questions are as follows:
1. Why pay him if he has not served the full notice period?
Reply: If the employee is still under the notice period, then it cannot be said that he has not completed it. Additionally, he requested leave due to a medical emergency, which was granted by your company official. Therefore, it is an authorized absence and not unauthorized. However, if he overstays, it becomes unauthorized and may lead to misconduct. Once his six-day leave is over, inform him to resume duties to complete the notice period. No extension of leave will be granted, and disciplinary action will be initiated for the overstay.
2. Company lost an important client due to that employee's false commitment?
Reply: Do you have concrete evidence of the commitment made by the employee? If so, conduct a domestic inquiry to ascertain whether the commitment was false. If it is found that the company incurred losses due to the false commitment, the employee is liable for appropriate punishment. This inquiry is separate from the disciplinary action mentioned in paragraph 1 above.
3. What about his arrogant language? At one point, he said he would give his salary as charity to the company.
Reply: Issue a show-cause notice to the employee for his unbecoming and indecorous behavior. If the explanation is unsatisfactory, disciplinary action may be initiated. This disciplinary action is independent of the previous two actions.
4. The company understood his situation and allowed him to leave, so is this a fault of the company?
Reply: When an employee makes a request, the company may accommodate it in good faith. Therefore, the company officials were not at fault per se. However, if the employee takes undue advantage of the facilities provided, it breaches trust, and the company reserves the right to withdraw those facilities.
5. We have had a bad experience with him; do we still need to provide him with experience and relieving certificates?
Reply: Issuing appointment or experience letters is standard administrative procedure and should not be linked to the employee's behavior. Proceed with issuing the relieving letter. If disciplinary action is taken against the employee and a punishment is imposed, adverse remarks may be included in the relieving letter. Ensure there is sufficient evidence of misconduct, conduct a fair inquiry, allow the employee to present their views, and proceed cautiously.
Impact on the Organization's Culture: Instead of being disheartened by the employee's misconduct, use this as an opportunity to demonstrate a culture of discipline, fairness, and justice in your company. Communicate indirectly through actions that employment is a commitment that must be handled sensitively.
Thank you,
Dinesh Divekar
From India, Bangalore
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Thank you very much Sir for your reply , it will be really helpful
From India, Pune
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From India, Pune
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Just one query,
1. Is it mandatory to provide the relieving letter and experience certificate? Can we put it on hold?
2. Can we state in his certificate that we released him on the basis of a medical emergency?
From India, Pune
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1. Is it mandatory to provide the relieving letter and experience certificate? Can we put it on hold?
2. Can we state in his certificate that we released him on the basis of a medical emergency?
From India, Pune
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Hi,
Mr. Dinesh Divekar has very nicely answered your queries. As regards your latest query, I would like to add as below.
It's an implied condition and customary practice to issue a service certificate when an employee is leaving an organization. As a matter of fact, one is entitled to a service certificate in a standard format containing the following features:
- Name
- Date of joining
- Designation at the time of joining
- Position/Designation/title held at the time of leaving
- Nature of jobs handled
- Date of leaving
- Reasons for leaving
- Conduct/behavior
- Remarks, if any
Some companies do include the last drawn salary details like Basic salary and other allowances with a breakup. You can adopt your own pattern of a service certificate.
Panchsen P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 98840091939
From India, Chennai
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Mr. Dinesh Divekar has very nicely answered your queries. As regards your latest query, I would like to add as below.
It's an implied condition and customary practice to issue a service certificate when an employee is leaving an organization. As a matter of fact, one is entitled to a service certificate in a standard format containing the following features:
- Name
- Date of joining
- Designation at the time of joining
- Position/Designation/title held at the time of leaving
- Nature of jobs handled
- Date of leaving
- Reasons for leaving
- Conduct/behavior
- Remarks, if any
Some companies do include the last drawn salary details like Basic salary and other allowances with a breakup. You can adopt your own pattern of a service certificate.
Panchsen P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 98840091939
From India, Chennai
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Notice of Employee Change.doc