Action against Employees leaving without Notice

[DEENA JAGASIA]

Hello,

One of the common problems that we face is employees leaving without giving a notice period. In which case we have the option of not accepting the resignation, deducting notice pay from dues, withholding experience certificate, etc

However, what if the employee has worked for 4-5 yrs and then quit immediately after pay day and since they have no dues to credit, we cant recover anything. Most importantly the employee may have been handling an important task which may have been left incomplete.

In this situation what recourse does the company and what procedures does it need to follow?

Regards,

Ms Jagasia

[rakesh ebrahimpurkar]

Dear Dina,
 
One course of action is as you rightly mention is witholding his dues and certificate...plus

• You can also issue Show Cause Notice / Unauthorised Absenteeism Letter mentioning about his/her absconding + the recovery amount.
• Next, your Legal team can take legal action against him/her provided your company has time and money. That also depends upon the position /  critical project abscondee was handling. 

 
Secondly if it is an frequent scenario at you place then you need to also analyse the reason behind the increase in abscondee case and take some corrective action.
 
Hope this helps.
 
Regards,
Rakesh Ebrahimpurkar
AGM & Head - HR Operations
Datamatics Global Services Ltd.
(Mob): 9820476024

 

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Date: Sat, 22 Dec 2012 01:42:36 +0800
From: deena_...@yahoo.com
Subject: [Human Circuits] Action against Employees leaving without Notice
To: humanc...@googlegroups.com

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[Pawan Kumar]

Make notice period as 3 months hold 2 months salary till relieving process and those who complete then & only settle with complete process.

[Manoj Manjari Rath]

Hi Dina,

Now days this is common problem. Every situation is varies as per company policies.

I am agreeing with Mr. Rakesh suggestions.

Hello Mr. Pawan,

You mean we should keep 3 month of notice period and hold 2month salary of all employees who are in notice period and employee will not get 2month salary when they are in notice period.

Don’t you think for few unprofessional employees other professional employees will suffer for this?

Thanks & Regards

Ms. Manjari Rath

[Amrut Patil]

Dear All

 

We have quite interesting question on what to be done if the employees don't serve notice period!! Kindly go through some below mentioned acts which may sound bit contracdictory :

·        As far as exit process is concerned, the law states the employee should give appropriate notice.

·        As per The Bombay Shops and Establishments Act, 1948 Notice of termination of service.- No employer shall dispense with the services of an employee who has been in his continuous employment - (a) for not less than a year, without giving such person at least thirty days' notice in writing, of wages in lieu of such notice: (b) for less than a year but more than three months, without giving such person at least fourteen days' notice in writing, or wages in lieu of such notice: Provided that such notice shall not be necessary where the services of such employees are dispensed with for misconduct.

·        As Appointment letter itself is a contract any terms and condition should be specifically mentioned should not arbitarily changed or imposed without the consent of the employees.

·        An appointment letter clearly stating the process of handover and non compliance of the same leading to financial penalty while showing the loss to the company interms of finding/training new resource will surely add value to the contract.

·        To recover dues you may file summary suit S.26,O.VII,RULE 1&2 OF C.P.C stating the reason for the same.

·        As per Industrial Employment (Standing Orders) Act, 1946 employer should pay all wages and issue service certificate on last day in office.

regards

Amrut

 

 

[g.r sridhar]

Well Said Manish! I truely appreciate your Comments

Its a wake up Call for the entire HR Community.

Its high time we keep aside our HR blue books and go into more micro
details why an employee is leaving.

I still remember my experience when I was in the chamber of a Sr.VP-HR
of Siemens.

He was signing couple of releaving letters of Employees.

I took the guts to ask him do employees leave a company like Siemens?

He said why not? My next question to him was----Why are you not trying
to retain him?

His answer that day was an eye opener to me.

I should have tried when he was working and not when he has put down his papers.

My dear friends---Hope you must have got his message.

Thats proactiveness and not reactive.

Human Relations are complex and it may take one's life time to
understand another human being.

Yes we definitely do not have that much time but we can atleast try to
understand the underlying causes before taking any decision.

After all Its his/Her life to decide whether to continue or not.

If you force him or her to continue serving the full notice period
they will ensure to spread more negativity to the Organisational
Values and Objectives which is dangerous.

Dear Friends--- Atleast let us keep Our Blue Book(HR Manuals) aside
and only use as a reference for important policy matters in the coming
New Year 2013.

Wish you all a Very Happy and wonderful New Year.

Regards
G.R.Sitaram

[Amrut Patil]

Dear All

Any organization invest in HR function to foresee that it acts in the best interest of the company where rules are laid down to be followed in letter and spirit. When any employee leaves the organization its the loss of the organization, reason may vary. Organisation expect employee to give notice period so there is proper handover and suitable replacement process can be initiated.

The notice period although vary from company to company but can be reduced with mutual agreement where HR can play proactive role by making all the stake holders(employee/ his immediate superior) agree to the relieving date.

Now if any one stakeholder disagree the only option is left to follow the rules and yes if any employee acts nasty you need to explore legal option as the company's interest has to paramount and no employee should take it for granted that if it leaves the company nothing can be done and surely it will send incorrect signals to others too..

regards
Amrut

[psa...@lobostaffing.com]

Dear Sir


Your  mail    gives   new  perspective   to  the  entire  discussion  so  far.. .. Yes,  its   important  to  be  Proactive   rather   than  reactive.  Also,  a  good,  genuine  exit  interviews  shall  help  us  understand  the  reasons  why  employees  leave  in  first  place   and   what  could  be  the  probable  reason  for  any  employee   to  leave   without  notice ...




Warm Regards


Preeti Sawant  

"g.r sridhar" <ram.g...@gmail.com> Sent by: humanc...@googlegroups.com 12/31/2012 06:08 PM

To:        DEENA JAGASIA <deena_...@yahoo.com>         cc:        "humanc...@googlegroups.com" <humanc...@googlegroups.com>         Subject:        Re: [Human Circuits] Action against Employees leaving without Notice

[g.r sridhar]

Dear Preeti,

Warm Greetings!

My experience and observations--:For Understanding why employees leave
without notice period.

1) Problems with Boss.

2) Personal Values do not match with immediate superiors.

3) Lack of Respect from Superiors.

4) breaking Self esteem of a resigning employee which is the most
important component of performance.

Proactiveness required from HR Department-:

1) HR has to maintain cordial and healthy relationship with other Line
functions especially with senior management to understand under
currents of the business or revenue models.

2) Processes are made to attain end Objectives,goals and mission.If
they are not achieved due to various reasons we need to relook at the
processes itself.

3) Tradional methods of recruitments which are being followed for ages
needs change.
4) Above all enterpreneurship is the most important aspect in the
entire gamut.Every HR personnel needs to think like an enterpreneur.

5) Today we indiscriminately use the word Strategic HR.We need to be a
learner even from our subordinates to implement Strategies.Then only
we can implement steady progression in today's world and not objective
progression.

6) My view point--:Serving notice period is important and ethical for
every individual,but what's more important is respecting each
individual's Values because that plays an important role for achieving
the Company's Objectives.

Thanks and Regards
G.R.Sitaram

[Nitin Pansare]

Hi All,

This is a perennial problem faced by almost the entire HR fraternity either directly or indirectly.

We in Media face this problem more because anyways our industry has huge attrition and to add to it the talent crunch.

But yes i agree with Mr. Sridhar, we have to retain employees while they are working and not when they have resigned.

When the employee is mentally through with the organisation it becomes very difficult to retain him/her.

Hence what we do is the following proactive measures:

• Rationalization of increments across levels at the time of appraisals.
  
• Market benchmarks at different levels and salary parity as per industry.
  
• Constant feedback mechanism and greiviance addressal cell.
  
• Excellent rapport with the business heads/line managers to get informal feedback on employees.
  
• And the best one - talent pool to counter attack the attrition - replacement within 15 days at any level - this in extreme situations when there is cluster movement.
  

In case we can have some more please reply.

Regards,

Nitin Pansare

9819613014

linkedin profile: in.linkedin.com/pub/nitin-pansare/6/65a/97b

 

" Try to aim at the sky, even if you miss you may land among the stars..."  

 

Nitin Pansare
9819613014

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From: g.r sridhar <ram.g...@gmail.com>
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