Hello Everyone!!
Recently one of our employee resigned and requested for early release on the grounds that she is the only daughter to look after her mother as she was sick. We accepted her resignation mentioning verbally giving her LWD as 7th March. But we received BGV after 2 days of her leaving the company.
In this regard, can we as a company take any action on her on the grounds that she had provided fake reason to get relieved. When discussed with her, employee mentioned that she wasn't aware that she would be selected in other company and was completely unaware about the BGV part.
Now the management have considered her as absconded on the basis of fake reason. And she is not ready to accept it.
Could you please suggest how to handle this case.
From India, Bengaluru
Recently one of our employee resigned and requested for early release on the grounds that she is the only daughter to look after her mother as she was sick. We accepted her resignation mentioning verbally giving her LWD as 7th March. But we received BGV after 2 days of her leaving the company.
In this regard, can we as a company take any action on her on the grounds that she had provided fake reason to get relieved. When discussed with her, employee mentioned that she wasn't aware that she would be selected in other company and was completely unaware about the BGV part.
Now the management have considered her as absconded on the basis of fake reason. And she is not ready to accept it.
Could you please suggest how to handle this case.
From India, Bengaluru
Hi,
Employee was relieved officially based on her request ( whether genuine or fake). After the employee got relieved properly how come the Employer construe her relieving as left without information ?. This is unfair. Probably you may not consider her for re-employment which is the maximum you can do or worst case you may mention the facts in the BGV process but I won't suggest it.
From India, Madras
951Employee was relieved officially based on her request ( whether genuine or fake). After the employee got relieved properly how come the Employer construe her relieving as left without information ?. This is unfair. Probably you may not consider her for re-employment which is the maximum you can do or worst case you may mention the facts in the BGV process but I won't suggest it.
From India, Madras
I fully agree with Lakshmi Narayan, the company should not have gone for a background verification. If an employee has reason to leave your organisation, then leave her. You are not a detective to find out whether there was any genuine reason for her leaving. You should have acted in good faith. After relieving how can you declare that she is absconding? Do you know the actual meaning of absconding? If she has been absent without leave and if she has not been responding to your calls or letters, you can declare her as left the job or use the word "abandoned" the employment. But you cannot use absconding. She can very well challenge this remark saying that the term used by you has caused stigma. Again, an HR can conduct background verification to find whether an employee joining is fit for you, but you are not a detective investigating any criminal background.
From India, Kannur
From India, Kannur
Hi Mate,
Thanks for your response!
Employee had not been provided with any mail confirmation mentioning her LWD. Even though there was very much need for her support to the team, keeping in view of her condition to support parents company agreed to early relieve her without asking her to serve notice period as she keep on insisting her to relieve. Moreover, company received her BGV for some other company immediately after her last day.
On this basis, company has asked her to complete notice period, which employee was not ready to do so.
From India, Bengaluru
Thanks for your response!
Employee had not been provided with any mail confirmation mentioning her LWD. Even though there was very much need for her support to the team, keeping in view of her condition to support parents company agreed to early relieve her without asking her to serve notice period as she keep on insisting her to relieve. Moreover, company received her BGV for some other company immediately after her last day.
On this basis, company has asked her to complete notice period, which employee was not ready to do so.
From India, Bengaluru
Hi Madhu,
Thanks for your suggestion!!
I just have one concern, when company has decided to relieve employee based on one reason which is fake to join some other company, is not illegal? If company gets to know about this by receiving BGV verification where in employee has mentioned to new company that she has left a job for better opportunity, can not a company mention that the reason is invalid and can a company not mention the actual reason?
Please suggest, as a HR what is the best I can do in this scenario as I have to answer both management and employee
From India, Bengaluru
Thanks for your suggestion!!
I just have one concern, when company has decided to relieve employee based on one reason which is fake to join some other company, is not illegal? If company gets to know about this by receiving BGV verification where in employee has mentioned to new company that she has left a job for better opportunity, can not a company mention that the reason is invalid and can a company not mention the actual reason?
Please suggest, as a HR what is the best I can do in this scenario as I have to answer both management and employee
From India, Bengaluru
Ms Pramila, true, her presence was very much required but you decided to relieve her. It may also be true that she should have opted for another opportunity because the other opportunity would give her more access to her parents and take care of them. Now when you declare that she is 'absconding', rather abandoned the job, will you get the work done? She may even go to the Labour department and get the assistance of the law protecting an employee. A good labour law enforcement officer shall ask just one question, " how can you make an employee to stay back once she/ he has resigned?". If the Labour officer asks for a copy of the Certified Standing Orders where it is mentioned that employee of this category should give notice to the company, will you be able to give it? Please remember that there is nothing under any Labour law that an employee should serve notice. All that you can do is to spoil the career of an employee by putting negative remarks in the background verification. By doing so, what is your gain? If an employee is not interested to work with you, let him go.
From India, Kannur
From India, Kannur
Hi Madhu,
I think you have mistaken my concern. I have mentioned that we received a BGV from her joining company immediately after employee left the organisation. We have not sent any BGV from our side
From India, Bengaluru
I think you have mistaken my concern. I have mentioned that we received a BGV from her joining company immediately after employee left the organisation. We have not sent any BGV from our side
From India, Bengaluru
I think my last post came before I noticed your reply to my first comment. Let me say that employee employer relationship are mandated by certain laws. No company will be totally compliant with regard to labour laws also. Hence it is very very important that unnecessary situations which may invite the law Enforcing officers to come and verify the records should not be invited. As I said, when there is no law which says that an employee should give notice to leave a company how can we insist an employee to serve notice. I don't know what is the required notice. Even from the employer's side the notice to terminate an employee is one month. There are companies who have framed provisions that an employee should give three months notice! That is illegal. yes, if you have a standing orders certified by the appropriate authority, in which it is mentioned that notice is required to be given, then it is binding. I don't think that you have a standing order. In respect of managers also your stand is right. But an employee who has no reportee under him/ her is only a workman even though he is getting lakhs of rupees as salary and he has a fancy designation like manager/ Sr Manager.
Coming to the situation, I would say that the employee has already decided to leave. No employee will give the right reason for leaving, I would say. It shall be better opportunity, better place of work, access to family and many reasons. In short the reason would be simply, she does not want to work with us. Then leave her. Why should we go behind her? What is the gain that we get from going behind her? Nothing.
From India, Kannur
Coming to the situation, I would say that the employee has already decided to leave. No employee will give the right reason for leaving, I would say. It shall be better opportunity, better place of work, access to family and many reasons. In short the reason would be simply, she does not want to work with us. Then leave her. Why should we go behind her? What is the gain that we get from going behind her? Nothing.
From India, Kannur
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