Hi!
One of our employee resigned without serving notice citing mothers critical health due to which she said she needed to take a 4 to 6months break from work. At the time we relieved her given the situation, however in about 40 days we found out that she has joined another firm. Now she is following up for experience letter and F&F. We feel this was wrong on her part and the letter and F&F be withheld as a result. What is the general industry practice? Our appointment letter clearly states that serving notice period is mandatory. In this case we were lenient because the reason this employee said seemed genuine.
Thanks for your inputs.
From India, Mumbai
1One of our employee resigned without serving notice citing mothers critical health due to which she said she needed to take a 4 to 6months break from work. At the time we relieved her given the situation, however in about 40 days we found out that she has joined another firm. Now she is following up for experience letter and F&F. We feel this was wrong on her part and the letter and F&F be withheld as a result. What is the general industry practice? Our appointment letter clearly states that serving notice period is mandatory. In this case we were lenient because the reason this employee said seemed genuine.
Thanks for your inputs.
From India, Mumbai
Dear Roshni,
The employee asked for the waiver of the notice period on the grounds of family exigency. The company's administration approved the waiver. But now you realise that the employee took you for the ride. To avenge her betrayal, you have held her full and final settlement.
I wish your company had lined up their ducks in a row before approving the waiver. You are paying the price of your gullibility. On what grounds have you held her full and final settlement? Which law or act permits you to do so? Pay her salary till her last working day.
There is a lesson to be learnt from the incident. Your company need to learn how to be circumspect while running the administration. It is important to substantiate the facts before making the decision.
As far as the issue of the experience letter is concerned, you have several options. The first one is to issue it without holding a grudge against her. This is because time spent in retaliation is not productive. The second one is to send her notice asking for justification for the falsification of the grounds for the early exit. If the grounds are not satisfied, you can withhold the issuance of the experience letter. The issuance could be subject to the payments made instead of the uncompleted notice period.
The second option not only will teach her a lesson but also to the current employees what price could they for cheating.
Thanks
Dinesh Divekar
From India, Bangalore
The employee asked for the waiver of the notice period on the grounds of family exigency. The company's administration approved the waiver. But now you realise that the employee took you for the ride. To avenge her betrayal, you have held her full and final settlement.
I wish your company had lined up their ducks in a row before approving the waiver. You are paying the price of your gullibility. On what grounds have you held her full and final settlement? Which law or act permits you to do so? Pay her salary till her last working day.
There is a lesson to be learnt from the incident. Your company need to learn how to be circumspect while running the administration. It is important to substantiate the facts before making the decision.
As far as the issue of the experience letter is concerned, you have several options. The first one is to issue it without holding a grudge against her. This is because time spent in retaliation is not productive. The second one is to send her notice asking for justification for the falsification of the grounds for the early exit. If the grounds are not satisfied, you can withhold the issuance of the experience letter. The issuance could be subject to the payments made instead of the uncompleted notice period.
The second option not only will teach her a lesson but also to the current employees what price could they for cheating.
Thanks
Dinesh Divekar
From India, Bangalore
HI,
Employee is supposed to serve proper notice period as per Appointment terms. However to evade serving notice period she had quoted fake reason and had joined other Company which is unethical. At the time of relieving you could have demanded for proper medical proof towards her Mother's illness for verification purpose. Now please call the employee and enquire regarding this and a letter may be served her to stating that " you left without serving proper notice period whereas as per your appointment terms you are supposed to serve ___days notice. Now you are hereby directed to serve proper notice period or forfeit salary in lieu of the same".
Supposed if she turns up by person collect a letter from her that she willing to forfeit Rs.___ from her full and final settlement towards shortfall in notice period. After collecting the letter issue her the experience/ relieving letter along with balance FFS if any.
From India, Madras
Employee is supposed to serve proper notice period as per Appointment terms. However to evade serving notice period she had quoted fake reason and had joined other Company which is unethical. At the time of relieving you could have demanded for proper medical proof towards her Mother's illness for verification purpose. Now please call the employee and enquire regarding this and a letter may be served her to stating that " you left without serving proper notice period whereas as per your appointment terms you are supposed to serve ___days notice. Now you are hereby directed to serve proper notice period or forfeit salary in lieu of the same".
Supposed if she turns up by person collect a letter from her that she willing to forfeit Rs.___ from her full and final settlement towards shortfall in notice period. After collecting the letter issue her the experience/ relieving letter along with balance FFS if any.
From India, Madras
Thank you so much for your responses.
To add, she left on the 1st of the month so her salary was released only the F&F of leave encashment and bonus is pending.
We had taken medical records as proof of her ailing mother. However it was just a pretext under which she wants to resign and be relieved on the spot.
Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?
From India, Mumbai
To add, she left on the 1st of the month so her salary was released only the F&F of leave encashment and bonus is pending.
We had taken medical records as proof of her ailing mother. However it was just a pretext under which she wants to resign and be relieved on the spot.
Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?
From India, Mumbai
Hi,
You can email stating that " you had left the Organisation without serving proper notice period quoting false reasons. Now you are hereby advised to contact us by person to complete your relieving process "
" Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?" No it is not at all a good idea. Keep the discussion orally when she reports at office. At times such threatening email communication may bounce back against your Company.
From India, Madras
You can email stating that " you had left the Organisation without serving proper notice period quoting false reasons. Now you are hereby advised to contact us by person to complete your relieving process "
" Is it a good idea to put this in an email that the experience letter will be withheld since notice is not served?" No it is not at all a good idea. Keep the discussion orally when she reports at office. At times such threatening email communication may bounce back against your Company.
From India, Madras
You can think of other option, if you are not taking appropriate action as per your policy. In any case it is indiscipline if 'notice period' is not served. If you are serious, you can as well issue by stating the fact in the letter.
From India, Bangalore
From India, Bangalore
Did you issue any reliving order? If you had let her go without the reliving letter, then you are at place to deduct the amont in lieu of notice from the receivable as F&F.
There is nothing wrong in withholding F&F, provided the company did it without a communication on subject. Anything can be done with logical manner is fair practice. The general industrial practice is to follow the set rules and to act as per the company's guide book. You have violated by compromising the clause of Notice Period, where the appointment letter clearly states that serving notice period is mandatory. It would have been genuine, if you let her go as per clause of exit.
From India, Mumbai
There is nothing wrong in withholding F&F, provided the company did it without a communication on subject. Anything can be done with logical manner is fair practice. The general industrial practice is to follow the set rules and to act as per the company's guide book. You have violated by compromising the clause of Notice Period, where the appointment letter clearly states that serving notice period is mandatory. It would have been genuine, if you let her go as per clause of exit.
From India, Mumbai
Sir/Madam,
(1) Release all her dues.
(2) Send her relieving letter mention "That as you orally mention that your mother is sick so you can not work further. So taking lenient view by company your notice period was exempt and relieve you at your request on dated:- .".
Best Wishes !
From India, Indore
(1) Release all her dues.
(2) Send her relieving letter mention "That as you orally mention that your mother is sick so you can not work further. So taking lenient view by company your notice period was exempt and relieve you at your request on dated:- .".
Best Wishes !
From India, Indore
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Employee Experience.doc