Dear Payal..
The experts above have spoken on all aspects very clearly and there's really not much more to add. However, I personally found it rather distressing that your company (and you) are trying to find means to bind this employee in a position that is obviously flawed. It is really very plain to see that your company and your HR team needs to get their act together both on account of creating a position of worth to an employee and creating documents that are not contradictory. The fact that in face of all of the history you are still trying to "bind" the employee tells me that your company does not give a fair opportunity to people in this position and that hints at very unethical business/HR practices. Surely, 2 months is all that takes your new joinees to realize they have made a mistake in joining you. In reality, you cant do much but to introspect and set your house in order.
It would indeed do you good to focus on the real problems and let people leave when they want to. If you hold him back against your will, you will not get any productivity anyway.
Regs,
From India, Mumbai
139The experts above have spoken on all aspects very clearly and there's really not much more to add. However, I personally found it rather distressing that your company (and you) are trying to find means to bind this employee in a position that is obviously flawed. It is really very plain to see that your company and your HR team needs to get their act together both on account of creating a position of worth to an employee and creating documents that are not contradictory. The fact that in face of all of the history you are still trying to "bind" the employee tells me that your company does not give a fair opportunity to people in this position and that hints at very unethical business/HR practices. Surely, 2 months is all that takes your new joinees to realize they have made a mistake in joining you. In reality, you cant do much but to introspect and set your house in order.
It would indeed do you good to focus on the real problems and let people leave when they want to. If you hold him back against your will, you will not get any productivity anyway.
Regs,
From India, Mumbai
The responses are as follows
a) If your offer letter mentions 1 month, then that is what is valid and not what the appointment order states.
b) If no training has been given, then the bond is not valid.
c) You cannot force him to give the admission slip. It is intrusion into someone's privacy. And if you do, you will damage the relationship, because it emphasises to him that you do not trust him. And trust is the primary factor in any good employee employer relationship. And he can also refuse to show it. If I were him, I will refuse.
d ) Tell the boss who does not want to relieve him that the era of bonded labour is over. Everyone has a right to chose what he wants. You have no other alternative but to relieve him.
I believe that you are not in the business of harassing employees. What is the use of harassing an employee who wants to leave. There will only be intangible loss to the Organisation. You may not feel it when he leaves. But you will feel it when people known to him start refusing job offers from you. They will become bad ambassadors and you might lose out on some very good talent in the future in case that prospective talent is known to this person. It is in the interest of the organisation to relieve an employee with a feel good factor, so that he can become a good ambassador of yours. And please remember, just as the company does a reference check of the employee, all good employees also do a reference check of the company and their HR climate. Only desperate employees will join an organisation which has a bad HR climate.
If I were you, I will relieve him and find a replacement.
From Indonesia, Jakarta
a) If your offer letter mentions 1 month, then that is what is valid and not what the appointment order states.
b) If no training has been given, then the bond is not valid.
c) You cannot force him to give the admission slip. It is intrusion into someone's privacy. And if you do, you will damage the relationship, because it emphasises to him that you do not trust him. And trust is the primary factor in any good employee employer relationship. And he can also refuse to show it. If I were him, I will refuse.
d ) Tell the boss who does not want to relieve him that the era of bonded labour is over. Everyone has a right to chose what he wants. You have no other alternative but to relieve him.
I believe that you are not in the business of harassing employees. What is the use of harassing an employee who wants to leave. There will only be intangible loss to the Organisation. You may not feel it when he leaves. But you will feel it when people known to him start refusing job offers from you. They will become bad ambassadors and you might lose out on some very good talent in the future in case that prospective talent is known to this person. It is in the interest of the organisation to relieve an employee with a feel good factor, so that he can become a good ambassador of yours. And please remember, just as the company does a reference check of the employee, all good employees also do a reference check of the company and their HR climate. Only desperate employees will join an organisation which has a bad HR climate.
If I were you, I will relieve him and find a replacement.
From Indonesia, Jakarta
Hello Payal,
Convincing the management is YOUR job I guess.
And most managements listen ONLY to the sound of Legal language OR the fear of ADVERSE Publicity.
What IF this employee goes to the court? Are they ready for it?
And in these days of media glare on every little happening, bringing their attention to such a fiasco shouldn't take a lot of effort for the employee I guess.
All the Best.
Rgds,
TS
From India, Hyderabad
Convincing the management is YOUR job I guess.
And most managements listen ONLY to the sound of Legal language OR the fear of ADVERSE Publicity.
What IF this employee goes to the court? Are they ready for it?
And in these days of media glare on every little happening, bringing their attention to such a fiasco shouldn't take a lot of effort for the employee I guess.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Payal,
I do agree with Mr. Gurumurthy. Employee may leave organisation with immediate effect during probation without notice and also you can't claim any notice pay from him/her for the same act.
Employee is not bound to show you admission slip or any other document to with respect to leaving the existing job during probation.
As per my opinion, let him go and don't compel him for any supporting, notice pay or monetary claim etc.
From India, New Delhi
I do agree with Mr. Gurumurthy. Employee may leave organisation with immediate effect during probation without notice and also you can't claim any notice pay from him/her for the same act.
Employee is not bound to show you admission slip or any other document to with respect to leaving the existing job during probation.
As per my opinion, let him go and don't compel him for any supporting, notice pay or monetary claim etc.
From India, New Delhi
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.
Employee Documents (Joining to Leaving).doc