Hi, I am Almas. i am working as a HR executive in a Manufacturing firm and I recently joined the organization just two-day back. now, an employee has resigne today with only 16-day notice period. now my director want that he /she has to complete the notice period or else what action we can take for not serving the complete notice period. now, I am new to this field and don't know how to draft this kind of letter. does anybody help me for the same.
Almas
From India, Mumbai
Almas
From India, Mumbai
Hi,
Employee needs to complete full notice period as per the agreed terms and conditions of appointment order. If the employee served only 16 days notice then call the employee and explain that he/she need to complete the balance notice period as well else company will not be able to process proper relieving for him/her. Educate the employee about the importance of proper relieving including back ground verification from future employer. Still if the employee not agreeing for balance notice period then you need to process disciplinary action and communicate to the employee through RPAD stating that " you required to complete full notice period as per the terms and conditions of the appointment order failing which we will be constrained to initiate disciplinary action as deem fit in law ".
From India, Madras
919Employee needs to complete full notice period as per the agreed terms and conditions of appointment order. If the employee served only 16 days notice then call the employee and explain that he/she need to complete the balance notice period as well else company will not be able to process proper relieving for him/her. Educate the employee about the importance of proper relieving including back ground verification from future employer. Still if the employee not agreeing for balance notice period then you need to process disciplinary action and communicate to the employee through RPAD stating that " you required to complete full notice period as per the terms and conditions of the appointment order failing which we will be constrained to initiate disciplinary action as deem fit in law ".
From India, Madras
Hai Almas Employee can request the management to waive one month advance notice clause in lieu of his / her of leave balance days to consider the short fall of notice.
From India, Warangal
From India, Warangal
Employee need to complete notice period as per the agreed terms. In case of failure to do so,the employee may be counselled to complete, failing which employer may adjusted the balance period of notice from the outstanding of the employee as liquidated damages
R R Kapoor
Vadodara
From India, Vadodara
R R Kapoor
Vadodara
From India, Vadodara
Is the employee concerned is an employee who may come under the purview of Industrial Disputes Act? That is to say, if the employee had no reportee under him, then it is advisable not to interfere in the matter. Advise your Director that the employee left without completing notice period was an employee who could be considered as a worker because he had no authority to sanction leave of his subordinates, he had no authority to evaluate the performance of his subordinate workers or he had no authority to initiate disciplinary action against any one and these are the parameters to decide whether an employee is a worker or a manager/ supervisor. In respect of any supervisor/ manager no provision of ID Act will be applicable but in respect of a workman, these provisions will apply. In ID Act, there is no provision that a worker leaving by himself should give notice whereas an employer terminating a worker should give notice and follow certain procedures as provided in section 25F or 25N of the Act.
From India, Kannur
From India, Kannur
If an employee gives notice of his intention to resign, the Management may accept the resignation and release him at any time before the date of expiry of the notice period, in which case, he may pay back the proportionate salary, in lieu of his remaining notice period, if the separation clause in his Offer of appointment says, he has to serve one months notice period
From India, Aizawl
From India, Aizawl
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