Dear All,
I have a case where one of the employee resigned his Job and was serving notice period. He served only 10 days of his one month notice period and on 11th day he calls up and update us that his mother is not keeping well and he needs 1 week leave to take care of his mother. As we clearly mention that there will be no leave entitlement unless there is some emergency. We accepted his request and let him go. There is no information for almost 50 days, he never turned up to office nor called us to update. He called me after 50 days and requests for his Experience and relieving letters.
I told him that we will not give him the same and he can apply for his PF withdrawal anytime.
Ironically, the same guy has attended one of our employee's Wedding about a month back along with other employees, where he boarded a car from the office parking and didnt even bother to visit the office.
I would request you all to suggest if we are doing the right thing or any other alternatives you could suggest.
Best regards
Vamsee
From India, Hyderabad
I have a case where one of the employee resigned his Job and was serving notice period. He served only 10 days of his one month notice period and on 11th day he calls up and update us that his mother is not keeping well and he needs 1 week leave to take care of his mother. As we clearly mention that there will be no leave entitlement unless there is some emergency. We accepted his request and let him go. There is no information for almost 50 days, he never turned up to office nor called us to update. He called me after 50 days and requests for his Experience and relieving letters.
I told him that we will not give him the same and he can apply for his PF withdrawal anytime.
Ironically, the same guy has attended one of our employee's Wedding about a month back along with other employees, where he boarded a car from the office parking and didnt even bother to visit the office.
I would request you all to suggest if we are doing the right thing or any other alternatives you could suggest.
Best regards
Vamsee
From India, Hyderabad
Excelent work, whatever the initiatives you have taken in this case are justifiable and correct, I don't think there are any other ways to get rid of these types of people.
Regards,
Khaiser Ali Shah
00966509928983
From Saudi Arabia, Riyadh
9Regards,
Khaiser Ali Shah
00966509928983
From Saudi Arabia, Riyadh
As he has not served his notice period, you can withhold his relieving letter and take him off records as a case of job abandonment.
Of course, there is a particular way to go about this. You will have to send him show cause letters and ask him to report to work. If he does report, you can confront him and ask him to serve the remaining 50 days of his notice period. This would give you an idea as to whether his concerns were genuine or not. Essentially, you would not want him back in your facility so if he agrees to serve out his notice period, you can cut him some slack and let him go.
If he does not respond, you can take him off company records and for future references or background verifications from other Companies, you can give him an unfavorable report.
Regards,
Parvati
Of course, there is a particular way to go about this. You will have to send him show cause letters and ask him to report to work. If he does report, you can confront him and ask him to serve the remaining 50 days of his notice period. This would give you an idea as to whether his concerns were genuine or not. Essentially, you would not want him back in your facility so if he agrees to serve out his notice period, you can cut him some slack and let him go.
If he does not respond, you can take him off company records and for future references or background verifications from other Companies, you can give him an unfavorable report.
Regards,
Parvati
Hi Vamsee,
As per the case mentioned by you I think that you are on the right move as this guy did'nt serve his full notice period for a month & he has served only for 10 days. According to me his acct should under recovery wherein he should'not be paid any thing by the company but instead he needs to pay the company for 20days for which he has not served the company or else the notice period could be adjusted only with his earned leaves provided whether he has it in his leave acct.The recoverable amt should be calculated on the basis of his basic salary as the notice period amt is calculated on the basis of basic salary & not the whole salary.
He should begiven a proper exp / relieving letter from the company only when his dues are settled & not before that.
Regards
Aparna
HR Professional
From India, Gurgaon
As per the case mentioned by you I think that you are on the right move as this guy did'nt serve his full notice period for a month & he has served only for 10 days. According to me his acct should under recovery wherein he should'not be paid any thing by the company but instead he needs to pay the company for 20days for which he has not served the company or else the notice period could be adjusted only with his earned leaves provided whether he has it in his leave acct.The recoverable amt should be calculated on the basis of his basic salary as the notice period amt is calculated on the basis of basic salary & not the whole salary.
He should begiven a proper exp / relieving letter from the company only when his dues are settled & not before that.
Regards
Aparna
HR Professional
From India, Gurgaon
hi Vamsee,
as I have gone through with the details provided by you there are two three things on which we need to think about :
1. how do we treet the no. of days he was absent from his-
a. if he was absent due to genuine reason you need to collect all the documentory avidence from him and than cross verify first and than take decision of his candidature with your comapany. As such in service industry if somebody is absent for 8 continuous days you can go for the termination without having any issue but if you see practically it is not possible everytime to fire the candidate without any reason. Secondly it depends on the performance of the candidate to wether he is a performer or non performer or outstanding performer.
2. The most important thing which I thing we need to understant here is why he is behaving in such manner because if an employee started behaving in destructive or negative way there will always some reason behind it. We need to call the candidate or we can discuss the same with his reporting officer also regarding his such behaviour. Even you can discuss the same with the persons who have given his reference or character certificate.
3. you can always termindate the canidate but if you will findout the exact reason it will help us to retain other employee and we can let managment know the reasons behind the employee dissatisfaction with the organisation. If suppose an employee is not satisfied with the internal or external enviornment he surely started doing something different in terms of destructive or negative to attract the attention.
4. For the days on which he was not present at work you can adjust those days with the available earned leaves and for the remaining days you can treat it as no work no pay.
5. My suggestion here is that we don't have to look on the activities performed by the satisfied employee but we need to understant the problem why they are behaving in that manner.
6. As an hr professional we should maintain good relations with the employees in any condition wether they are working in your company or they left the company.
regards
Mradul Bhatnagar
From India, Bhopal
as I have gone through with the details provided by you there are two three things on which we need to think about :
1. how do we treet the no. of days he was absent from his-
a. if he was absent due to genuine reason you need to collect all the documentory avidence from him and than cross verify first and than take decision of his candidature with your comapany. As such in service industry if somebody is absent for 8 continuous days you can go for the termination without having any issue but if you see practically it is not possible everytime to fire the candidate without any reason. Secondly it depends on the performance of the candidate to wether he is a performer or non performer or outstanding performer.
2. The most important thing which I thing we need to understant here is why he is behaving in such manner because if an employee started behaving in destructive or negative way there will always some reason behind it. We need to call the candidate or we can discuss the same with his reporting officer also regarding his such behaviour. Even you can discuss the same with the persons who have given his reference or character certificate.
3. you can always termindate the canidate but if you will findout the exact reason it will help us to retain other employee and we can let managment know the reasons behind the employee dissatisfaction with the organisation. If suppose an employee is not satisfied with the internal or external enviornment he surely started doing something different in terms of destructive or negative to attract the attention.
4. For the days on which he was not present at work you can adjust those days with the available earned leaves and for the remaining days you can treat it as no work no pay.
5. My suggestion here is that we don't have to look on the activities performed by the satisfied employee but we need to understant the problem why they are behaving in that manner.
6. As an hr professional we should maintain good relations with the employees in any condition wether they are working in your company or they left the company.
regards
Mradul Bhatnagar
From India, Bhopal
I totally agree with Mradul especially the point made abt how HR personnel must maintain cordial relations with not only existing but also ex-employees.There r so many ways to handle this situation but personally feel that u should deduct a months salary or whatever as stated in ur employment contract and let go since u can't hold back an employee who has already decided to leave,only thing to b noted is that the employee could have shown some courtesy towards u all, being ex-employers.The world is made up of all kinds of people so we have to move on............. :)
From India, Bangalore
From India, Bangalore
Dear Vamgodavarthy
The situation you have described is not alien to HR professionals. Often such things happen.
An employee who has decided to jump off company wagon can not be contained despite of all possible HR measures. You may deduct 13 days salary from his balance dues since 17 days leave has already been granted to him. Please note that one can can not be compelled to work during notice period and also an employee can not be denied leave during notice period if he has leave to his credit. Please read case law on it in the case of Ghanshyamdas Vs. Delhi Metro Rail Corpn. 2007, LLR 490, Delhi High Court.
Regards
Mohan.
From India
The situation you have described is not alien to HR professionals. Often such things happen.
An employee who has decided to jump off company wagon can not be contained despite of all possible HR measures. You may deduct 13 days salary from his balance dues since 17 days leave has already been granted to him. Please note that one can can not be compelled to work during notice period and also an employee can not be denied leave during notice period if he has leave to his credit. Please read case law on it in the case of Ghanshyamdas Vs. Delhi Metro Rail Corpn. 2007, LLR 490, Delhi High Court.
Regards
Mohan.
From India
Dear Sir , I feel you can hold his experience letter and give his releaving letter . With the current trent in employment we have to be ready for such things . regds, Tusher
From India, Mumbai
From India, Mumbai
Hi Tushar,
Thanks for your message, the problem is the Reporting Manager has never relieved him from his duties, as he has not done the Knowledge transfer or Transition handover process. At the same time there is a Separation form which has to be filled and duly signed by Employee and the Department Heads like, Admin, Reporting Manager, Finance, Systems and travel which he has not submitted.
Virtually he has not been relieved so, there is no question of giving him the Relieving Letter.
Best regards
Vamsee
From India, Hyderabad
Thanks for your message, the problem is the Reporting Manager has never relieved him from his duties, as he has not done the Knowledge transfer or Transition handover process. At the same time there is a Separation form which has to be filled and duly signed by Employee and the Department Heads like, Admin, Reporting Manager, Finance, Systems and travel which he has not submitted.
Virtually he has not been relieved so, there is no question of giving him the Relieving Letter.
Best regards
Vamsee
From India, Hyderabad
Hi,
In this kind of scenario you can definately stop his F&F settlement and hold his experience letter.
Send a letter to him that he has not given his notice period to the company interms of Handover which has hamper the operations of the organisation which is not acceptable in two copies one should go to his personal file and same has to be recorded in the system if you have.
Mentioned in the letter very clearly that leaving without giving the proper handover indicates that the company documents and belongings are still with him this may lead that his name can be blacklisted in the company. Come back and complete his notice period or if not than settle his notice pay and give proper handover.
Santosh Dubey
9960015524
From India, Mumbai
In this kind of scenario you can definately stop his F&F settlement and hold his experience letter.
Send a letter to him that he has not given his notice period to the company interms of Handover which has hamper the operations of the organisation which is not acceptable in two copies one should go to his personal file and same has to be recorded in the system if you have.
Mentioned in the letter very clearly that leaving without giving the proper handover indicates that the company documents and belongings are still with him this may lead that his name can be blacklisted in the company. Come back and complete his notice period or if not than settle his notice pay and give proper handover.
Santosh Dubey
9960015524
From India, Mumbai
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