Industrial Relations And Labour Laws
Labour & Industrial Laws
+1 Other

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I am Senior HR-executive in PVT LTD company. 5 Months back we have hired a person and designated as Asst Management position. His probationate period is 6 months. 2 weeks back he came and told that he got a some other offer so, he is going to put down his papers. That time we told that, we are ready to relive you but you need to serve 3 months notice period without fail as you are in management position. But he refused to serve notice period and stating that he is a probation (Temp) employee. Hence, he is not entiled with the 3 months notice period. After long discussion, we strongly instructed the employee to serve 3 months notice period at any cost as we need to see alternate employee for his position.

After two days suddenly we got a phone in which employee states that he fell down from the public transport and he got slipped in the leg. Also he added that he will not be able to come for the work for 4 weeks. We just waited for four weeks, still he didn't turned up. What can we do??

And we don't want that employee to continue the services, since he is bad performer.

Kindly advice

If he is a bad performer why should you insist for three months notice without relieving him with immediate effect?

Notice period or notice pay during probation period depends upon the terms of appointment and or the standing orders of the company. If it is silent in this respect, it shall be deemed that no notice is required from the employee's side to leave. Though any of the provisions of the ID Act will be applicable to an employee of managerial position, if we debate on that an employee not having completed at least one year of continuous service shall not be eligible for any notice from the employer's side for lay off, retrenchment etc. In the same way, the employee may not be liable to give any notice. (In fact, notice from the side of employee is not at all mentioned anywhere in the Act)

It is genuine to ask the employee to stay back at least for a reasonable period for easy handing over of the duties to the newly appointed employee but without spoiling the relations. Since he has left and has been absconding, leave the matter and whenever he turns back, relieve him with retrospective effect.



Kindly refer to what the SERVICE RULES / AGREEMENT speaks about. Do the service contract mentions that employee should serve 3 months notice or not. It will solve the issue.
if we holding the employee salary on that condition employee are bound to give us notice period before they leave.
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