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Jayanthi HRD
1

Dear Seniors,
Please help me to take right decision, one of our senior employee Mr.xxxxx left from our organization without notice period and relieving order. Since he has strong reference he got offer from his previous employer (Where he worked before joining in our organization) which does not require any background check for him. Our Management is asking me to call the Head HR of his current company and inform them that Mr. xxxxx is not relieved officially. Is it right?
Regards,
Jayanthi

From India, Coimbatore
rameshbashyam@yahoo.com
21

dear Jayanthi
your senior did absolutely wrong, not serving or informing is unacceptable. let's place it clear in this forum - let's for a moment assume we are the employers, will we accept this?
it's your duty to call them as you have been instructed. if the reference is still strong, your ex-boss would not lose, else he may have to face the ramifications.
the strange thing coming up in this forum is both senior personnel and juniors quitting or wanting to quit without notice. partly the managements are also responsible. but as an employer would you tolerate this behaviour?
if you still feel loyal to your ex-boss (inform him as a matter of courtesy, that your company will be talking to his employers about his not serving the notice period or reliving period). what about his/her Full and Final settlement and our benefits?
there's nothing negative about your company's thought - they have a right as he is still in the payrolls and not officially relieved.

From India, Madras
Jayanthi HRD
1

Dear Mr. Ramesh,

Thanks for your quick response and support. I hope you misunderstood my question.

I want to know whether we can call the new company in which our employee joined recently and tell them about the unofficial relieving or not? Since the new employer of him has not called me for reference and I am voluntarily calling him to give the information.

Apart from this I do not have anything personal to help to that employee.

Regards,
Jayanthi:)

From India, Coimbatore
rameshbashyam@yahoo.com
21

dear Jayanthi,
I understood your initial post. your ex-colleague would have got the job based on the reference or rapport with his previous employer. since he was happy with him, he might have taken him. in that case, he may also be aware of this guy's joining without getting relieving order or serving notice.
this person is still in the rolls of your company and legal action can be taken against him.
you are taking instructions from the bosses and just follow them. if the new company retain the guy, there might be legal implications for them or if they terminate his employment, that's another matter.
the management has a right to be angry and upset as he has failed to meet the basic requirements of notice and getting relieved from service, before joining another job.

From India, Madras
balaji.venkatesan
10

Hi Jayanthi,
Dont tell anything about him to his present employer because as a hr it is unethical but at the same time if some one do any reference check from his present company you can surely tel that he is not relieved properly and he quited without notice period i think this is the right way.
one more thing is if some quit without proper intimation or notice period, the reason is poor management and lack of employee relationship. ur company certainly comes under this. if the company management is well and good everyone should relieve proper.
HR Department also did the same mistake.
This is my personal opinion.

From India
Ash Mathew
54

Hi Jayanthi,

What your management has requested you to do is absolutely right. Irrespective of ghis previous employer relationship he has, he is still supposed to serve the notice period, or do what is necessary (as per your appointment letter details).

Consider him like any other employee who has left your organization without any information.

I assume that the new company he has joined, the HR there would ignore. However, talk to them, send an email and ask them to respond to it. I dont think you will be spoilign someone's career here. what about teh vice-versa? The company having to suffer with Recruitments and additional training for the next few months for a new hire?

Balaji: It may be too early to assume that the company policy is bad, and so someone quits the place without informing. I dont disagree to that either. But lets not generalize. Maybe he could not put up with a new culture, or the previous company could really make him come back becuase of the "relationship" they have.

This happened in one of our hires, where he hired a person (a very nice honest individual). A few weeks after joining our company, his previous employer's MD, MD's wife and children together went to this person's house - sat for 4 hours, convinced the candidates wife and parents and begged through to come back. I did not initially believe that story, and spoke to the MD himself directly and asked if there was any truth in this... the MD "apologized" to me and told me that he cannot afford to lose his best employee and said he will refer other people through his friends..but not this person.

I understood the candidates' dilemma at that point. He felt bad that he could not continue with us, and he felt bad that his MD went to his house directly and asked him not to move.

Very senior role... Factory Manager!

SO you see - cant blame that the company is bad... situations may arise that people will just have no choice. Well, we did not ask him to serve notice as it was just 2 weeks since he joined us. Till today, he is in touch with me for referring candidates for a few positions.

and this is for Taz.India.

I think you are planning to look out for an HR job... for that you need to at least "act" like an HR if you really cant be one! :-)

From India, Madras
sumikoul
2

Dear Jayanthi,
I think that if your boss pressurizes u then only you call in his present company & narrate them the whole incident. But firstly try & convince your boss for talking to him directly rather than calling his company HR for the same.
Though it is unacceptable to leave a company without intimating & handing over your equipments & account properly. But in case ur management asks you to do this, then go ahead.....coz this won't create a difference to you as you are just an executive. If his current company HR would call up in return to your company he will surely talk to ur boss rather than u. So, chill & try calling him & sort the matter out.
Regards
Sumiksha Koul


rameshbashyam@yahoo.com
21

agree with Ash

we need to put ourselves in the roles of the Employer. like they say about a Lawyer, you have to look at the case from the viewpoint of the accused and the accuser before you draw conclusions and argue.

I quit my first job because of the bad management (the entire team was bad, still is and my ex-friends are complaining to me about issues, I can't do much though) not going through the normal process (but informed my immediate boss though and got his best wishes). on hindsight I felt it was not nice and still regret that decision.

there are certain ethics involved which we need to follow. since that first job (mid 1990s) I resolved, and can say confidently, have taken the normal process of quitting by giving notice or paying in lieu of notice period and getting a formal relieving order which has facilitated smooth job changes.

we, as experienced professionals, should take the right decision irrespective of good or bad management. mark a copy of your resignation to your personal ids, save it so that if it's delayed or the company deliberately avoids giving you the relieving order, you can show to your new employers and seek time from them and assure them that you will give them as and when you receive them. this will save you from unnecessary mental tension.

if your former company delays it inordinately, it will be obvious to your employers (assuming that they are fair) that the previous company may be poorly managed and you did the right thing in moving on.

as far as taking orders, in the defence the juniors take the orders from the seniors without asking questions (Even though they may know the decision was wrong). that's discipline.

this forum and site should be brought to the notice of Managements so that they can change for the better - bad management is also at fault for employees adopting fraudulent or unacceptable behaviour, which can be reduced. every one has a right to a better future. the companies go in for smarter candidates and the employees are entitled to better jobs

From India, Madras
Jhuma Tiwade
80

Dear Jayanthi,
Forget abt the person's job who has joined another company!!!
Do your job since you are still on your management payroll.Misleading or hiding any facts will put your job in risk. And I think if the person has quit without any information purposely then your company have all the right to take legal action.Let the another company take a call. I am sure that this candidate is not important than the company's reputation.
Send a notice stating that the person has not resigned, hence still on your payroll.Ask him to resign officially , handover and pay/serve the notice.

From India, Mumbai
jeevarathnam
635

Hi Jayanthi.
Since your Management is asking to call the Head HR you proceed with the same. You don't give any false statement. Speak to that person and tell your management about the actuals. To be safer side put it into written document also by sending mail for the same person.
You should obey your management.
I agree with Asha. For some silly misbehaviour of some employees we cannot judge management behaviour.
Jeeva

From India, Bangalore
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