Dear all,
We have an employee in our company who has resigned. The notice period is 30 days, and he has requested to reduce it to 15-20 days stating a reason for joining a new company. Currently, there is a massive workload, and we may not agree to waive it off, even though he has many ELs pending. The employee is an above-average performer with no complaints.
Post-resignation, however, he is not staying late for work, leaving on time by giving excuses like a dentist's appointment, etc. He has refused to work on weekends and basically is mentally not present in the organization. There is no issue with the theft of data or saying bad things about the company, etc.
Could you please tell me if we can hold his relieving letter legally in such situations? Secondly, how many sick leaves can an employee take during a notice period? Annually, we offer 9 SLs, and the employee has 7 SLs pending. Can he decide to take all 7 SLs in the 30-day notice period post providing medical certificates?
Your responses will be highly appreciated.
From India, Mumbai
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We have an employee in our company who has resigned. The notice period is 30 days, and he has requested to reduce it to 15-20 days stating a reason for joining a new company. Currently, there is a massive workload, and we may not agree to waive it off, even though he has many ELs pending. The employee is an above-average performer with no complaints.
Post-resignation, however, he is not staying late for work, leaving on time by giving excuses like a dentist's appointment, etc. He has refused to work on weekends and basically is mentally not present in the organization. There is no issue with the theft of data or saying bad things about the company, etc.
Could you please tell me if we can hold his relieving letter legally in such situations? Secondly, how many sick leaves can an employee take during a notice period? Annually, we offer 9 SLs, and the employee has 7 SLs pending. Can he decide to take all 7 SLs in the 30-day notice period post providing medical certificates?
Your responses will be highly appreciated.
From India, Mumbai
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Ideally, no leaves of any type during the notice period. Why don't you assure the separating employee that the separation will be done smoothly and ask him to hand over the charge peacefully? In the end, it's a give and take. Do you have any clauses regarding the notice period in the Appointment letter? Can you shed more light on this point?
From India, Pune
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470From India, Pune
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Yes, following is the clause on the appointment letter -
Notice Period - If at any time, you decide to leave the services of the Company, you will be required to give at least one month's notice in writing. After submission of the resignation letter, you may opt for early release. Instead of serving the entire notice period, the same can only be done on written approval from the Concerned Head. In such an event, the payment in lieu (last base salary) will be deducted from the dues. The Company can also terminate your services by giving one month's notice or payment in lieu (last base salary).
Well, but my query is still unanswered. Handover and everything will happen in due course of time. But can my organization hold his relieving letter on grounds that the employee is not working after official hours and is declining to come on Saturdays.
Do let me know.
From India, Mumbai
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Notice Period - If at any time, you decide to leave the services of the Company, you will be required to give at least one month's notice in writing. After submission of the resignation letter, you may opt for early release. Instead of serving the entire notice period, the same can only be done on written approval from the Concerned Head. In such an event, the payment in lieu (last base salary) will be deducted from the dues. The Company can also terminate your services by giving one month's notice or payment in lieu (last base salary).
Well, but my query is still unanswered. Handover and everything will happen in due course of time. But can my organization hold his relieving letter on grounds that the employee is not working after official hours and is declining to come on Saturdays.
Do let me know.
From India, Mumbai
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legally you do not have any ground to do this. you can not go against labour laws.
From India, Pune
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From India, Pune
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The answer to such questions can be answered in two ways. Firstly, what a company can legally do or not do, and secondly, what the company should ethically do. I don't want to jump to conclusions, but it seems from your post that employees in your company are overworked and stressed. You make them come to the office on weekends—though I don't know for how long this has been happening.
A good performer in your company has handed in his resignation, and you have accepted it. So, why switch to a 'legal jargon' mode and act so shrewdly as to exploit him even in his last few days in the company? The employee, as per your own admission, is a good employee. Yet, you have turned to this community to find out ways you can control him.
The fact that you want to withhold his salary and offer letter because he is not staying back in the office speaks of the overall callousness of your organization. Are you from the company's HR or that person's line manager?
From India, Mumbai
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A good performer in your company has handed in his resignation, and you have accepted it. So, why switch to a 'legal jargon' mode and act so shrewdly as to exploit him even in his last few days in the company? The employee, as per your own admission, is a good employee. Yet, you have turned to this community to find out ways you can control him.
The fact that you want to withhold his salary and offer letter because he is not staying back in the office speaks of the overall callousness of your organization. Are you from the company's HR or that person's line manager?
From India, Mumbai
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Actually, I am that person! Just post the question from different perspective to get true answers. So now I can refuse to work beyond office hours and decline to come on weekends then!
From India, Mumbai
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From India, Mumbai
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Well, you are free to do whatever you want, as the responsibility of your actions lies with you. Only you know the exact situation in your organization and can gauge how much leeway your boss and company can give you. Like I said in the previous post, there are things that companies should do and things that companies do.
From India, Mumbai
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From India, Mumbai
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True. I agree that. Also the world is very small in the industry where I am working. So will take care of that. Thanks a lot for your replies. Cheers!
From India, Mumbai
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From India, Mumbai
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Dear Brahmaputra,
Good morning. I have a completely different view on this subject. Essentially, the notice period clause is meant for buying enough time for the employer to find a suitable replacement for an exiting employee. You have agreed to the notice period clause upon joining, and in your case, it is one month. Legally and ethically, you are obligated to contribute to the organization that was providing you with a livelihood, during the notice period, just as you have been doing all along. Morally, you are not supposed to absent yourself unless it is an emergency. Applying for a long leave, since you have them, is against the spirit of the notice period. Hence, it is only fair on your part to serve the notice period in full if your employer desires you to do so. As for working late hours/weekends, that is your own decision. My final suggestion on this entire issue: part as friends!
Sincerely,
Ashok
From India, Hyderabad
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Good morning. I have a completely different view on this subject. Essentially, the notice period clause is meant for buying enough time for the employer to find a suitable replacement for an exiting employee. You have agreed to the notice period clause upon joining, and in your case, it is one month. Legally and ethically, you are obligated to contribute to the organization that was providing you with a livelihood, during the notice period, just as you have been doing all along. Morally, you are not supposed to absent yourself unless it is an emergency. Applying for a long leave, since you have them, is against the spirit of the notice period. Hence, it is only fair on your part to serve the notice period in full if your employer desires you to do so. As for working late hours/weekends, that is your own decision. My final suggestion on this entire issue: part as friends!
Sincerely,
Ashok
From India, Hyderabad
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