Dear All, Thanks for your suggestions and comments. Its very clear that the employee has to serve 15 days notice to leave our organisation during probation. Holding salary is unfair, But the employee made a mistake by breaking the company norms. If we give the salary on the said date then how the employee realises the fault he made. As a HR i should give a strong message to all other employees about the rules, because i dont want others to follow the same. My question if the employee approaches legally will it be a problem for the company ?
Regards,
Anoop
From India, Madras
2Regards,
Anoop
From India, Madras
Hello Anoop,
You are right in your thinking process--your priority is NOT ONLY to resolve the issue-in-hand, but also to pre-empt any such situations emerging in the future.
Just re-read my earlier posting, where I mentioned that you can avoid the Notice period or the salary issue from becoming the focal points at all. Once they are NOT the focal points for any discussion/action, he can't go legal--since you would be changing the situation to more of a disciplinary situation.
And as far as possible, pl put everything you discuss with him 'on-record'--in writing--after your discussion is thru. that will not only give your the necessary evidence of the issue IF he decides to go legal BUT ALSO put some fear in his mind about thinking twice to go legal.
Also, pl note that, IN GENERAL, not many people go legal as a matter of option/choice. I have seen many people go legal with the best-case scenario in mind--often forgetting that the worst-case scenario also may result in such a course of action. So what he does IS NOT IN YOUR HANDS. What is IN YOUR HANDS IS YOUR RESPONSE--for which you need to be prepared.
All the Best.
Rgds,
TS
From India, Hyderabad
You are right in your thinking process--your priority is NOT ONLY to resolve the issue-in-hand, but also to pre-empt any such situations emerging in the future.
Just re-read my earlier posting, where I mentioned that you can avoid the Notice period or the salary issue from becoming the focal points at all. Once they are NOT the focal points for any discussion/action, he can't go legal--since you would be changing the situation to more of a disciplinary situation.
And as far as possible, pl put everything you discuss with him 'on-record'--in writing--after your discussion is thru. that will not only give your the necessary evidence of the issue IF he decides to go legal BUT ALSO put some fear in his mind about thinking twice to go legal.
Also, pl note that, IN GENERAL, not many people go legal as a matter of option/choice. I have seen many people go legal with the best-case scenario in mind--often forgetting that the worst-case scenario also may result in such a course of action. So what he does IS NOT IN YOUR HANDS. What is IN YOUR HANDS IS YOUR RESPONSE--for which you need to be prepared.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Anoop
I also concur with many others in the notion that withholding a salary will not be a proper solution as this is just rumors and hearsay. Confront the employee right away and make sure he understand the consequences of his intended action should it turn out to be true.
Advice on proper hr procedures to be followed in this regard and how to go about following them, then you know you are somehow covered and you can consider drastic action should he continue to abscond.
Regards
Goboza
From South Africa, Pretoria
I also concur with many others in the notion that withholding a salary will not be a proper solution as this is just rumors and hearsay. Confront the employee right away and make sure he understand the consequences of his intended action should it turn out to be true.
Advice on proper hr procedures to be followed in this regard and how to go about following them, then you know you are somehow covered and you can consider drastic action should he continue to abscond.
Regards
Goboza
From South Africa, Pretoria
I can recall once instance happened with me when i was told not to increase salary as the employee is soon planning to leave. but then there was no proof, so we increased the salary. same person is still working with us with full of spirit.
so its not a good idea to withhold the salary for this reason without any proof.
regards,
saunee
From India, New Delhi
so its not a good idea to withhold the salary for this reason without any proof.
regards,
saunee
From India, New Delhi
I beleive the only action you can take here is pay the salary, if he goes after being paid, he will not be eligible for a good reference. If you withold money for whatever reason, how fast (espicially in this day with the speed of social networking) do you think the world will know that the company is unreliable & unscrupulous and holds back salary, which will harm you far more than the salary you are holding back. Personally I believe holding a salary back is not acceptable under 99.9% of situations. The worker worked, the employer needs to pay. If people are leaving before serving notice, get to the root of that problem. If this situation has happened before to ex workers, this may well explain the employees relunctance to honour his side of the contract
From Thailand, Bangkok
From Thailand, Bangkok
Dear All,
I am also agree with Mr. Vasant Nair & other members. Please talk to the employee face to face & try to find out the reason for his decision. Try to convienced him if he is really requred/worth for the organisation. Even with the approval of mgmt, you may try to increase his CTC. One thing I always believe is that, there should always be gressful exit.
Regards,
Suresh Saindane
From India, Mumbai
I am also agree with Mr. Vasant Nair & other members. Please talk to the employee face to face & try to find out the reason for his decision. Try to convienced him if he is really requred/worth for the organisation. Even with the approval of mgmt, you may try to increase his CTC. One thing I always believe is that, there should always be gressful exit.
Regards,
Suresh Saindane
From India, Mumbai
it is better to talk with him directly in a pleasant manner in such a way u r guiding him how to complete his relieving formalities
in this discussion if he reveals that he is going to abscond surely u can stop his salary(written or oral but there should be a witness)
if u don't know it clearly it is not good to stop salary
why because is some may willingly or non willingly misleading you
with regards
sudheer
From India, Hyderabad
in this discussion if he reveals that he is going to abscond surely u can stop his salary(written or oral but there should be a witness)
if u don't know it clearly it is not good to stop salary
why because is some may willingly or non willingly misleading you
with regards
sudheer
From India, Hyderabad
Dear Senior,
Myself santosh kumar patra worked in landmark ltd in Hyderabad position of account executive.i had got a better prospect in other organization. i suddenly left the job.So
other organization will asking the reliving letter & service certificate.but HR Department will not agree to issue reliving letter & service certificate. HR-Manager put a mail to me Why did you not serve notice period ? We don’t issue service letters to staff who leave without serving notice period.i put a mail to HR-Manager sorry i made a mistake,So i will agree to pay one month salary as per company rule. but HR-Manager also disagree to me issue reliving letter & service certificate. what should i do. requesting you to seniors kindly guideline to me.what is my next process. other organization will asking to me letters URGENT.
Thanks & Regards
Santosh
From India, Madras
Myself santosh kumar patra worked in landmark ltd in Hyderabad position of account executive.i had got a better prospect in other organization. i suddenly left the job.So
other organization will asking the reliving letter & service certificate.but HR Department will not agree to issue reliving letter & service certificate. HR-Manager put a mail to me Why did you not serve notice period ? We don’t issue service letters to staff who leave without serving notice period.i put a mail to HR-Manager sorry i made a mistake,So i will agree to pay one month salary as per company rule. but HR-Manager also disagree to me issue reliving letter & service certificate. what should i do. requesting you to seniors kindly guideline to me.what is my next process. other organization will asking to me letters URGENT.
Thanks & Regards
Santosh
From India, Madras
Hello,
Inadequate information does not elicit comprehensive advice.
Regards
samvedan
August 14, 2011
----------------
From India, Pune
Inadequate information does not elicit comprehensive advice.
- In your case were you obliged to give "Notice" to present employer of your intentions to leave employment?
- Does your contract of employment stipulate that either party, at least you can buy out the "Notice Period"?
- When your date of joining the new employer was finalized, did the new employer not ask you about your notice period obligation with previous employer? Was he willing to accept your joining without any "Relieving Letter" being issued by the previous employer?
- Please note that it is very improper to leave employment without giving the employer any notice period or without even discussing the matter with the employer.
- Having done so anyway, please try to convince the new employer as to why you cannot produce "service certificate" or "relieving letter". But if the new employer does not agree to let you join without these documents (as he may suspect that in future you may treat them also in this manner!) then you are in abit of trouble.
- This act committed by you, in many cases arises from a habit described as "shoot first and aim later!". If so, please remember such habits do not always work in all situations.
Regards
samvedan
August 14, 2011
----------------
From India, Pune
I am with Mr. Nair please call him directly, get the details, take management in confidence. At times the "reliable source" also work on some intuitions, or other reliable source - this may put you in trouble. If some one has to leave the company he / she will leave. HR has to perform its duties. It is not only the salary there are several other factors which HR has to consider.
Regards,
From India, New Delhi
Regards,
From India, New Delhi
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