1
Dear Smitha,
You can terminate the employee provided the employee has committed misconduct. Before termination, please order the domestic enquiry, and let the culpability of the employee be established. Depending on the gravity of the misconduct, a suitable punishment can be awarded. To avoid prejudice while conducting the enquiry, advise the Enquiry Officer to put the focus of the enquiry on what happened and not on the persons involved.
Yes, you can order domestic enquiry even when the employee is serving the notice period after his or her resignation. The punishments are awarded to foster a culture of discipline, and the notice period served by the employee cannot come in the way of the administrative procedures.
The above two paragraphs are written without taking into account the practical considerations. Coming to the case at hand, let me ask you: what is the notice period of the employee, what portion of it the employee has served, and what portion is left over? Has the administration of the company or the client developed such a strong distaste towards the employee that they do not wish to see the employee on board even for a few more weeks? Can the employee not be given any alternate work?
As a via media, I recommend issuing a show-cause notice to the employee. Upon receipt of it, the administration may curtail the employee's notice period, not by way of termination but by asking the employee to submit an application to relieve him or her with immediate effect. By doing so, you will be able to give a semblance of normalcy and avoid bitterness during the separation.
Thanks,
Dinesh Divekar
From India, Bangalore
You can terminate the employee provided the employee has committed misconduct. Before termination, please order the domestic enquiry, and let the culpability of the employee be established. Depending on the gravity of the misconduct, a suitable punishment can be awarded. To avoid prejudice while conducting the enquiry, advise the Enquiry Officer to put the focus of the enquiry on what happened and not on the persons involved.
Yes, you can order domestic enquiry even when the employee is serving the notice period after his or her resignation. The punishments are awarded to foster a culture of discipline, and the notice period served by the employee cannot come in the way of the administrative procedures.
The above two paragraphs are written without taking into account the practical considerations. Coming to the case at hand, let me ask you: what is the notice period of the employee, what portion of it the employee has served, and what portion is left over? Has the administration of the company or the client developed such a strong distaste towards the employee that they do not wish to see the employee on board even for a few more weeks? Can the employee not be given any alternate work?
As a via media, I recommend issuing a show-cause notice to the employee. Upon receipt of it, the administration may curtail the employee's notice period, not by way of termination but by asking the employee to submit an application to relieve him or her with immediate effect. By doing so, you will be able to give a semblance of normalcy and avoid bitterness during the separation.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Divakar,
Thanks for sharing the insight.
To brief about this case, Employee has taken KT for 2 months from a female employee due to her maternity leave, Based on this situation we have requested client to provide the access for the employee. and we were following up with the client rigorously on this. The day we received the client access, Employee wants to leave the job for some personal reason. HR tried to convince and provided retention options like WFH, Leave, Flexibility etc. He also demanded more hike and company has fulfilled it on May 2024. Now, client is not happy on frequent change over and escalated on this. He submitted the resignation 2 days before and need to serve 2 months Notice period. we also dont have any projects in line to accommodate. Employee requesting for NP negotiation. Company wants to terminate on this. Please suggest
From India, Bangalore
Thanks for sharing the insight.
To brief about this case, Employee has taken KT for 2 months from a female employee due to her maternity leave, Based on this situation we have requested client to provide the access for the employee. and we were following up with the client rigorously on this. The day we received the client access, Employee wants to leave the job for some personal reason. HR tried to convince and provided retention options like WFH, Leave, Flexibility etc. He also demanded more hike and company has fulfilled it on May 2024. Now, client is not happy on frequent change over and escalated on this. He submitted the resignation 2 days before and need to serve 2 months Notice period. we also dont have any projects in line to accommodate. Employee requesting for NP negotiation. Company wants to terminate on this. Please suggest
From India, Bangalore
You have used organizational terminology like KT without indicating what it is.
The employee wants Notice Period negotiation, you should readily agree and get rid of the employee as fast as possible. You need not terminate the employee during the notice period, you quickly accept the resignation and relieve the employee as fast as possible.
From India, Mumbai
The employee wants Notice Period negotiation, you should readily agree and get rid of the employee as fast as possible. You need not terminate the employee during the notice period, you quickly accept the resignation and relieve the employee as fast as possible.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Non-compete clause in service contracts.pdf
Non-compete Clause of Infy.jpg