Hi,
It seems that the employee is resigning due to non co-operation / over expectation from his immediate superior. Try to address this first as it could lead to more resignations later on.
Reg the salary, you are bound to pay him for the 2 months period. Otherwise if the employee is willing, you can negotiate with him for 1 month salary. This practice is followed in some countries but I am not sure about it in India.
Regards,
R.S.Raj.
It seems that the employee is resigning due to non co-operation / over expectation from his immediate superior. Try to address this first as it could lead to more resignations later on.
Reg the salary, you are bound to pay him for the 2 months period. Otherwise if the employee is willing, you can negotiate with him for 1 month salary. This practice is followed in some countries but I am not sure about it in India.
Regards,
R.S.Raj.
Hi Gunjan,
very good , You have taken an initiative to ask from the fraternity , what is to be be done in this situation.
Here it is important to see what are the term & Conditions of the employement . If it says employer is expected to pay in such cases then you should pay. If it is mentioned that it will be by sole discretion of the employer than you can think twice. These are legal implications of the issue.
Now comes the HR role .Ops Manager don't want him & Employee want to serve the notice period . We ccan see here that this guy may not be provining an asset to the company. Otherwise why any senior professional (person without any bias & Prejudice ) will reject his notice period.
He wants Notice period just because he is not having any job in the hand is not your problem as a HR. But problem here is that as a efficent HR with good ethics why you don't want to pay for the notice period. Afterall it is related to policy And if you guys are doing this then it could act as a negative example in front of other employees.
And mind you such thing can attract such issues in court.
So you should clear your stand in front of your management .
Solution : Just see if you can put this employee in some other team for coming 2 months so you can get the value for your money. And I hope this is not very difficult.
Best Wishes.
Regards,
Tikam
From India, Pune
1very good , You have taken an initiative to ask from the fraternity , what is to be be done in this situation.
Here it is important to see what are the term & Conditions of the employement . If it says employer is expected to pay in such cases then you should pay. If it is mentioned that it will be by sole discretion of the employer than you can think twice. These are legal implications of the issue.
Now comes the HR role .Ops Manager don't want him & Employee want to serve the notice period . We ccan see here that this guy may not be provining an asset to the company. Otherwise why any senior professional (person without any bias & Prejudice ) will reject his notice period.
He wants Notice period just because he is not having any job in the hand is not your problem as a HR. But problem here is that as a efficent HR with good ethics why you don't want to pay for the notice period. Afterall it is related to policy And if you guys are doing this then it could act as a negative example in front of other employees.
And mind you such thing can attract such issues in court.
So you should clear your stand in front of your management .
Solution : Just see if you can put this employee in some other team for coming 2 months so you can get the value for your money. And I hope this is not very difficult.
Best Wishes.
Regards,
Tikam
From India, Pune
Firstly u must read the letter of resignation in full and its contents ,iif the employee clearly specified that he may be revlieved immediately on completion of the noticed period mentioned in the appointment his case stands valid and employer wish him to relive him earlier balance notice period amount is to be paid
In a case where employee has requested to relieve him at the arliest with out mentioning any date it is the responsibility of the employer to send communication stating that as per his request he is being relieved based on the charge handover etc,in such case employer need not pay.or else employer can ask him to serve full notice period or advise him to pay to the company in case he wish to relieve early.
Patrudu
From India, Hyderabad
In a case where employee has requested to relieve him at the arliest with out mentioning any date it is the responsibility of the employer to send communication stating that as per his request he is being relieved based on the charge handover etc,in such case employer need not pay.or else employer can ask him to serve full notice period or advise him to pay to the company in case he wish to relieve early.
Patrudu
From India, Hyderabad
Hi Kiran,
If the employee is terminated and not resigned still he will be getting full salary.including his leave settlement.
That is the reason few companies wait for the poor performers to leave the company and do not terminate them.
Correct me if Im wrong.
Regards,
Shahed
From Qatar, Doha
If the employee is terminated and not resigned still he will be getting full salary.including his leave settlement.
That is the reason few companies wait for the poor performers to leave the company and do not terminate them.
Correct me if Im wrong.
Regards,
Shahed
From Qatar, Doha
Dear Gunjan,
Employee wants to serve his two months notice period, but concern HOD wants to relieve him immidiately.
1. first you check it whether employee falls under Sec. 2(s) ID ACT-1947.
2. Ask concern HOD, why he wants to quit him explain him your employment rules.(in this case HOD can give report about his perfomance. and according to this you can remove him immidiately as per Model Standing Order.
before you further proceed please check all aspect connected with him.
Thanx
Manoj
From India, Mumbai
Employee wants to serve his two months notice period, but concern HOD wants to relieve him immidiately.
1. first you check it whether employee falls under Sec. 2(s) ID ACT-1947.
2. Ask concern HOD, why he wants to quit him explain him your employment rules.(in this case HOD can give report about his perfomance. and according to this you can remove him immidiately as per Model Standing Order.
before you further proceed please check all aspect connected with him.
Thanx
Manoj
From India, Mumbai
Hi,
This is a critical scenario. As the employee has fulfilled his obligation, he should be paid 2 months salary. On second thought why does his / her boss wants to relieve him before notice period. Pls giv a thought before taking decision.
Regards,
Sheetal
This is a critical scenario. As the employee has fulfilled his obligation, he should be paid 2 months salary. On second thought why does his / her boss wants to relieve him before notice period. Pls giv a thought before taking decision.
Regards,
Sheetal
Hi
While you should read the terms of employment and understand what they say, I wish to offer a little divergent view.
Whats the purpose of notice period? It is to give time for the organization to get a backfill if necessary or give time to employee to find some other gainful occupation.
He has given you two month's notice as is supposedly required, contractually. But you can always waive the notice if you don not need such notice! In case an employee finds a job and gives a shorter notice, companies many times waive the shortfall of notice or do not ask employees to cough up a notice pay. Even in courts, notice waivers is a very common practice.
Second aspect is how the process of resignation has taken place... Chances are that the employee has decided to spring up a surprise resignation to jolt his boss. You may wish to evaluate what stopped an amicable discussion on exit date before foramally putting in papers. It is possible that his boss does not wish to be "jolted"... it may have other organizational impacts... and I think boss may be justified in asking him to leave early.
There is not any case of morality or ethic. It is a case of plan leagal contract where both parties are trying to see their convenience.
Good luck!
While you should read the terms of employment and understand what they say, I wish to offer a little divergent view.
Whats the purpose of notice period? It is to give time for the organization to get a backfill if necessary or give time to employee to find some other gainful occupation.
He has given you two month's notice as is supposedly required, contractually. But you can always waive the notice if you don not need such notice! In case an employee finds a job and gives a shorter notice, companies many times waive the shortfall of notice or do not ask employees to cough up a notice pay. Even in courts, notice waivers is a very common practice.
Second aspect is how the process of resignation has taken place... Chances are that the employee has decided to spring up a surprise resignation to jolt his boss. You may wish to evaluate what stopped an amicable discussion on exit date before foramally putting in papers. It is possible that his boss does not wish to be "jolted"... it may have other organizational impacts... and I think boss may be justified in asking him to leave early.
There is not any case of morality or ethic. It is a case of plan leagal contract where both parties are trying to see their convenience.
Good luck!
If he is terminated on disciplinary grounds (such as insubordination) he would not be entitled to this notice pay.
However he has been asked to go for non-performance you still need to pay him.
In fact for employees who are asked to leave (in my company) we do the following
1. Pay the entire notice period amount
2. Pay the Gratuity accrued till date (even if he has not completed 5 years)
3. Full and Final Settlement (which shall include encashment of PL and other eligible amount such as Bonus etc)
4. Relieving letter which mentions that the performance was satisfactory(The basis being he may not be suitable for the profile that you wanted but maybe he would be successful in another role)
This ensures a golden handshake and speaking good about our company to other potential emploees and customers even if he was asked to leave.
Regards
Sandeep Powar
However he has been asked to go for non-performance you still need to pay him.
In fact for employees who are asked to leave (in my company) we do the following
1. Pay the entire notice period amount
2. Pay the Gratuity accrued till date (even if he has not completed 5 years)
3. Full and Final Settlement (which shall include encashment of PL and other eligible amount such as Bonus etc)
4. Relieving letter which mentions that the performance was satisfactory(The basis being he may not be suitable for the profile that you wanted but maybe he would be successful in another role)
This ensures a golden handshake and speaking good about our company to other potential emploees and customers even if he was asked to leave.
Regards
Sandeep Powar
Hi Gunjan,
I agree with our post members... As the employee is ready to serve the notice period...but the compnay doesn't wants...then the company is liable to pay the employee...
As similar case happened in our company also, and we did the same thing :
Rgds
Supriya
From India, Delhi
I agree with our post members... As the employee is ready to serve the notice period...but the compnay doesn't wants...then the company is liable to pay the employee...
As similar case happened in our company also, and we did the same thing :
Rgds
Supriya
From India, Delhi
Dear Friends,
Please let me about if an employee got accident during his notice period although he work till 1 months & 10 days , after that he got accident on road. so can we adjust his sick leave/ PL against the remaining notice period?
Please advise me asap.
Regards,
Kiran Bhatt
From India, Lucknow
Please let me about if an employee got accident during his notice period although he work till 1 months & 10 days , after that he got accident on road. so can we adjust his sick leave/ PL against the remaining notice period?
Please advise me asap.
Regards,
Kiran Bhatt
From India, Lucknow
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Notice of Employee Change.doc