Dear All,
I have made a separation policy as per the management guidenes ( since we found many people take leave after give the notice time) for my company. please find it below.
Before that i will explain our company set up, there was no HR earlier, so there was no proper Appt letter eyc. The strength is 40-50.
Separation Policy
This policy is the guidelines for facilitating employees and the organization to know about the separation policy &, its procedure.
Notice period:
Every Employee has to serve the notice period for Separation. Either it has been mentioned or not in your appointment letter.
The Probation and Confirmed/ Regular category has to give one month as notice period.
The Training, Temporary and Consultant category has to give 15 days as notice period.
During the notice period, the presence of the employee on regular working hours is must. Absence will not be entertained unless if you got the approval from the concerned Manager & HR. If the management feels that the leave taken is not reasonable or acceptable and due to this, the handing over charges was not able to done properly then reliving date will be extended by 2 ( two) working days for each leave taken after the resignation date.
Settlement Procedure:
Generally One month salary or 30 days of salary will be kept hold for company security purpose. It can be exceeded; the final decision is at the sole discretion of the Management & HR. It can be paid as Final Settlement either after or along with the Service/Experience certificate.
The Final Settlement & Service/Experience Certificate will be issued after 10 - 30 days from the date of Last working Day.
Normally the relieving letter will not be entertained but in case f you require it, it can be given only in this format. ( i have made oe format).
The Management expects that everyone should give the notice period as mentioned above as per eligibility. But if the department head and the management have mutually agreed on shortfall notice period, then it can be waived off. Otherwise, the candidate has to work as per eligibility of notice period or compensation in lieu of notice as decided by the Management & HR.
Before the Last working date, the candidate has to submit the filled form (view form at --- )with the approval of Department Head, Accounts & HR. Until unless, Handing over charges or Staff Settlement Form approval gets complete, the Relieving letter, Service/Experience certificate and Final Settlement will not be issued.
I have faced a problem such as
1. Unfair Practice - for one day leave ask to work for 2 days?
2. For extention days, how the payment will be done? As per my knowledge, co. has to pay till last working day. But management says
For ex. if one has to relieve on Friday, but he took leave & not properly handover so he has to work for 2 days extra ( actually one day), so mgt says they can pay only for mon & tuesday not for sat & Sunday. Is it possible? Since sat & sunday are holiday. it is ready to pay for those extention days not for holiday since he is resigning.
Anyone has faced like this, if anyone has policy please help me out.
I will be greatfull if i get reply at the earliest.
Thanks
Ramya Shankar
From India, Pune
1I have made a separation policy as per the management guidenes ( since we found many people take leave after give the notice time) for my company. please find it below.
Before that i will explain our company set up, there was no HR earlier, so there was no proper Appt letter eyc. The strength is 40-50.
Separation Policy
This policy is the guidelines for facilitating employees and the organization to know about the separation policy &, its procedure.
Notice period:
Every Employee has to serve the notice period for Separation. Either it has been mentioned or not in your appointment letter.
The Probation and Confirmed/ Regular category has to give one month as notice period.
The Training, Temporary and Consultant category has to give 15 days as notice period.
During the notice period, the presence of the employee on regular working hours is must. Absence will not be entertained unless if you got the approval from the concerned Manager & HR. If the management feels that the leave taken is not reasonable or acceptable and due to this, the handing over charges was not able to done properly then reliving date will be extended by 2 ( two) working days for each leave taken after the resignation date.
Settlement Procedure:
Generally One month salary or 30 days of salary will be kept hold for company security purpose. It can be exceeded; the final decision is at the sole discretion of the Management & HR. It can be paid as Final Settlement either after or along with the Service/Experience certificate.
The Final Settlement & Service/Experience Certificate will be issued after 10 - 30 days from the date of Last working Day.
Normally the relieving letter will not be entertained but in case f you require it, it can be given only in this format. ( i have made oe format).
The Management expects that everyone should give the notice period as mentioned above as per eligibility. But if the department head and the management have mutually agreed on shortfall notice period, then it can be waived off. Otherwise, the candidate has to work as per eligibility of notice period or compensation in lieu of notice as decided by the Management & HR.
Before the Last working date, the candidate has to submit the filled form (view form at --- )with the approval of Department Head, Accounts & HR. Until unless, Handing over charges or Staff Settlement Form approval gets complete, the Relieving letter, Service/Experience certificate and Final Settlement will not be issued.
I have faced a problem such as
1. Unfair Practice - for one day leave ask to work for 2 days?
2. For extention days, how the payment will be done? As per my knowledge, co. has to pay till last working day. But management says
For ex. if one has to relieve on Friday, but he took leave & not properly handover so he has to work for 2 days extra ( actually one day), so mgt says they can pay only for mon & tuesday not for sat & Sunday. Is it possible? Since sat & sunday are holiday. it is ready to pay for those extention days not for holiday since he is resigning.
Anyone has faced like this, if anyone has policy please help me out.
I will be greatfull if i get reply at the earliest.
Thanks
Ramya Shankar
From India, Pune
Hi,
Nowadays, this problem is being faced by many of the organisations. I don't think that it is right on the part of the employer to ask the employee to work for two days for taking one day leave during notice period.
I feel it is better that whenever the employee resigns from his job, ask him to completely handover his charge / responsibility etc to the person who will be taking over his responsibility failing which his F&F settlement will not be cleared & he will not be provided with experience or relieving letter.
Prepare a charge / responsibility handover format. On the day of his relieving, he should fill up the same & take the signature of the person who will be taking over the charge / responsibility.
Unless and until, it reaches HR Dept, he will not be cleared & he will not be provided with experience or relieving letter.
Regards,
Santosh Iyer
From India, Pune
Nowadays, this problem is being faced by many of the organisations. I don't think that it is right on the part of the employer to ask the employee to work for two days for taking one day leave during notice period.
I feel it is better that whenever the employee resigns from his job, ask him to completely handover his charge / responsibility etc to the person who will be taking over his responsibility failing which his F&F settlement will not be cleared & he will not be provided with experience or relieving letter.
Prepare a charge / responsibility handover format. On the day of his relieving, he should fill up the same & take the signature of the person who will be taking over the charge / responsibility.
Unless and until, it reaches HR Dept, he will not be cleared & he will not be provided with experience or relieving letter.
Regards,
Santosh Iyer
From India, Pune
Mr. Santosh Iyer,
I have made without 2 days extention first as u said will not be cleared & he will not be provided with experience or relieving letter etc. even in this policy u can see it at end.
But nowaday people can join in any co. without the relieving letter as well as certificate. As they get double salary increment they are not bothering about the pending & final amount with the current. since they are losing only one month salary that too half of present they are earning.
Our co. is pvt co, i would like to know whether the employer has such rigth to extend like this.
Regards,
Ramya Shankar
From India, Pune
I have made without 2 days extention first as u said will not be cleared & he will not be provided with experience or relieving letter etc. even in this policy u can see it at end.
But nowaday people can join in any co. without the relieving letter as well as certificate. As they get double salary increment they are not bothering about the pending & final amount with the current. since they are losing only one month salary that too half of present they are earning.
Our co. is pvt co, i would like to know whether the employer has such rigth to extend like this.
Regards,
Ramya Shankar
From India, Pune
Well, the employer doesn't have the right to extend the notice period like this.
Generally, in these type of circumstances, if the employee has good relations with fellow employees, he will never go away without completing his notice period. Even if the new employer has asked him to join at the earliest, he will certainly demand him at least one month so that he can handover the charge / responisibility to the concerned person.
Many of the people leave their organizations because of their bosses. In such conditions, the employee will definitely not complete his notice period. The Bosses are also to be held responsible for such cases.
I have seen these things in my company. If the employee is leaving the job other than the reason for being a harassed employee by his boss, he will definitely complete his notice period.
There are certain problems for which the concerned department head has to take initiative in maintaining harmony in his dept., so that these type of things doesn't occur.
Hope the above reply should serve your purpose to a greater extent, if not fully.
Santosh Iyer
From India, Pune
Generally, in these type of circumstances, if the employee has good relations with fellow employees, he will never go away without completing his notice period. Even if the new employer has asked him to join at the earliest, he will certainly demand him at least one month so that he can handover the charge / responisibility to the concerned person.
Many of the people leave their organizations because of their bosses. In such conditions, the employee will definitely not complete his notice period. The Bosses are also to be held responsible for such cases.
I have seen these things in my company. If the employee is leaving the job other than the reason for being a harassed employee by his boss, he will definitely complete his notice period.
There are certain problems for which the concerned department head has to take initiative in maintaining harmony in his dept., so that these type of things doesn't occur.
Hope the above reply should serve your purpose to a greater extent, if not fully.
Santosh Iyer
From India, Pune
Dear Ramya,
Saturday and Sunday if declared as Holidays , for that matter any holidays, it means paid holidays.management will get into trouble if the affected person challenges ina court.
pL. also check out wether your Co is covered under which Labour Act
and then frmulate a seperation.
In these matters common sense is not enough.Applicable enactments need to be considered.
Best wishes
B.Thyagaraj :roll: :wink:
From India, Bangalore
Saturday and Sunday if declared as Holidays , for that matter any holidays, it means paid holidays.management will get into trouble if the affected person challenges ina court.
pL. also check out wether your Co is covered under which Labour Act
and then frmulate a seperation.
In these matters common sense is not enough.Applicable enactments need to be considered.
Best wishes
B.Thyagaraj :roll: :wink:
From India, Bangalore
Hi all. :D
Most staff who leave without notice or run it concurrently with the leave period have a calculated move.
It may be that they want to foretaste the other side before they formally move. Anyone also who is moving to another job for a higher salary may even leave and you cannot withhold him or her when he/she has committed himself on the other side.
I think, with all due respect, it lies upon the management to cultivate healthy separation policy/procedures which the employee doesn't fill disadvantage and walk out without notice to the disadvatage of the employer and HR left running to replace.
Many mangers don't treat separations as healthy thing for both the organisation and the person. As such, if the co treats those who give notice as a traitor, then the others will learn and just walk out.
For example to require someone to work for 2 days for being away for 1 day doesn't sound practical furthernore I wonder if it can stand in a court of law.
Like the industry am working for, a certificate of service is mandatory (a right of the former employee) as per the CBA of course upon clearing dues with the co. I guess the recovery of the notice period in pay is sufficient which the employees normally take into account.
An employee will be bound (by his conscience) if the atmosphere of work make him take ownership and identifies with it. That kind of a person can give notice and hand over well. So it zeros down on our management styles.
Otherwise i find the other aspects of the policy ok and in line with the common practice.
Most staff who leave without notice or run it concurrently with the leave period have a calculated move.
It may be that they want to foretaste the other side before they formally move. Anyone also who is moving to another job for a higher salary may even leave and you cannot withhold him or her when he/she has committed himself on the other side.
I think, with all due respect, it lies upon the management to cultivate healthy separation policy/procedures which the employee doesn't fill disadvantage and walk out without notice to the disadvatage of the employer and HR left running to replace.
Many mangers don't treat separations as healthy thing for both the organisation and the person. As such, if the co treats those who give notice as a traitor, then the others will learn and just walk out.
For example to require someone to work for 2 days for being away for 1 day doesn't sound practical furthernore I wonder if it can stand in a court of law.
Like the industry am working for, a certificate of service is mandatory (a right of the former employee) as per the CBA of course upon clearing dues with the co. I guess the recovery of the notice period in pay is sufficient which the employees normally take into account.
An employee will be bound (by his conscience) if the atmosphere of work make him take ownership and identifies with it. That kind of a person can give notice and hand over well. So it zeros down on our management styles.
Otherwise i find the other aspects of the policy ok and in line with the common practice.
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