Hi Seniors, Please help me,
As one of our employees, she accepted the offer and worked for a month. Although we have a probation period for 6 months, she said she is not well and took leave for 2-3 days. After being credited her salary, she said she got another offer and jumped for that.
So kindly suggest how we can at least retain new candidates. Are there any legal policies that should be included in the offer letter? Please suggest or share any offer letter templates that address this kind of issue and ensure a peaceful operation of the organization.
From India, Hyderabad
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As one of our employees, she accepted the offer and worked for a month. Although we have a probation period for 6 months, she said she is not well and took leave for 2-3 days. After being credited her salary, she said she got another offer and jumped for that.
So kindly suggest how we can at least retain new candidates. Are there any legal policies that should be included in the offer letter? Please suggest or share any offer letter templates that address this kind of issue and ensure a peaceful operation of the organization.
From India, Hyderabad
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From your post, I infer that you are new to HR/Organization. First of all, kindly note that there is no prohibition period in employment, but you might have wrongly caught "probation period" as "prohibition period."
In a normal employment job offer letter, no notice period is required to be given to the employer/company by an employee/probationer. But, sorry to say that in this new generation era, no ethics can be expected from new entrants - this is common in almost all companies. Hence the recruiter (HR) should be cautious while recruiting persons. This practice of leaving a job without permission/intimation also compels an employer to demand original certificates of a new entrant (though it is not morally or legally correct).
You can introduce a clause of a notice period during probation in the Offer letter.
From India, Aizawl
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699In a normal employment job offer letter, no notice period is required to be given to the employer/company by an employee/probationer. But, sorry to say that in this new generation era, no ethics can be expected from new entrants - this is common in almost all companies. Hence the recruiter (HR) should be cautious while recruiting persons. This practice of leaving a job without permission/intimation also compels an employer to demand original certificates of a new entrant (though it is not morally or legally correct).
You can introduce a clause of a notice period during probation in the Offer letter.
From India, Aizawl
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These are only part of the game, and we should accept one fact: every decision involves an element of risk. When we choose to offer a position to a candidate, we do not know whether he/she will remain in service for a long period, but we still make the decision to extend the offer, knowing that it may not work out. You cannot force any employee to stay with you forever; even after the confirmation of service, they may choose to leave. The most we can do is include a notice period clause in the appointment order, separately for the probation and post-probation periods. Ultimately, for employees without functional responsibilities as supervisors or managers, the notice period may not be relevant.
From India, Kannur
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From India, Kannur
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One of a company's employees left without complying with the notice period clause. The company withheld the relieving order. The employee approached the industrial court, which rejected the employee's prayer. Thereafter, the employee approached the High Court for a relieving letter as her new employer was asking for it. The High Court directed the employee to pay 2 months' salary to the company in lieu of the notice period.
Judgment is attached.
The judgment highlights the importance of the offer/appointment letter and the separation clause in it.
From India, Aizawl
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Judgment is attached.
The judgment highlights the importance of the offer/appointment letter and the separation clause in it.
From India, Aizawl
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This is a case of an employee who is not covered by the ID Act. I have already stated that in respect of an employee who has no supervisory or managerial role, the notice period has no relevance. However, for a supervisory position, whatever has been agreed upon between the employer and the employee or the terms of the appointment order will be maintainable. I don't find any merit in demanding notice pay from a worker, even though the employer has to pay notice pay in order to terminate the worker.
From India, Kannur
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From India, Kannur
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I am also going through this kind of problem every now and than. I trained the people once they are trained suddenly they will left. Whatever benefits you provide them there is no value. Mine is small company. As one of member said don't expect any ethic this is the only conclusion. Nowadays employees are continuously trying new job.
Kindly review the corrected text.
From India, New Delhi
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Kindly review the corrected text.
From India, New Delhi
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Hi,
To avoid such situations, our company follows the method outlined below:
- They collect original documents of employees during the joining formalities.
- The company retains the documents for one month, after which they are returned.
- If an employee wishes to leave within that same month, he/she must speak to HR about "what is bothering him/her at work."
- If HR and management deem the reasons genuine, the employee is relieved with immediate effect.
By implementing this method, we can identify loopholes in company management that require improvement.
There is also a possibility that employees may leave even after their documents are returned. In such cases, the company should focus on hiring individuals who are genuinely interested in working and not just looking for a temporary engagement.
Please let me know if you have any questions or need further clarification.
From India, Mumbai
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To avoid such situations, our company follows the method outlined below:
- They collect original documents of employees during the joining formalities.
- The company retains the documents for one month, after which they are returned.
- If an employee wishes to leave within that same month, he/she must speak to HR about "what is bothering him/her at work."
- If HR and management deem the reasons genuine, the employee is relieved with immediate effect.
By implementing this method, we can identify loopholes in company management that require improvement.
There is also a possibility that employees may leave even after their documents are returned. In such cases, the company should focus on hiring individuals who are genuinely interested in working and not just looking for a temporary engagement.
Please let me know if you have any questions or need further clarification.
From India, Mumbai
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Collecting the original certificates of the employees is in any way a BAD HR practice and cannot be advised at all. It is also illegal to keep the certificates of employees. Moreover, if by any chance you lose them from your records, the headache that you may have will be much more severe.
From India, Kannur
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From India, Kannur
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