vispryal
Dear All,
I would like to know if the employee has resigned from service . May I have the rights to roll out the letter of non - performance. And we have asked the employee to leave within 3 days of 45 days notice period by compensating with a months salary. And also the employee is not giving the assets handover like laptop & Phone & says that only after clearing the cheque only she will handover the same... Is all these things ethical & what is the role of HR person here in this situation.
And I think i can put a black mark in the concerned persons reference check in the future & even in the relieving letter I can write my comments about the non - Performance .
Thanks
Vishnu Pryal
9004609127

From India, Mumbai
Yaasmin
47

Dear Vishnu,
Please dont do that, please dont mind that as an HR your thinking is very aggressive, not upto the mark of HR Level.
A HR or Manager always has to balance between employee and the organisation, try to sort this problem with the help of verbal or written communication.
Step into her shoes and then think about the situation, as you are concerned with your assets even she is concerned with her assets i.e. moneys. What if someone put black mark or non performance against your releiving letter.
I am sorry to say but you behaving inhuman.
Relax and think about sorting out the situation without any discrepencies from either side, why do you want to destropy her future, she must be having dependents on her.
You said that she has resined and served the notice period, than whats wrong?
Solution may be:
Communicate with her, tell her come with all the assets of te company and collect her full and final settlement.
I am sorry if I have hurt you in any words.

From India, Mumbai
Yaasmin
47

For your information - last week we have disucssed a lot on your concern topic i.e ACTION AGAINST EMPLOYEES AFTER RESIGNING - EMPLOYERS TAKING HELP OF THE LOVELY WORDINS NON PERFORMANCE.
From India, Mumbai
tajsateesh
1637

Hello Vishnu,

I would go by Yaasmin's response, but for a different reasons.

When someone takes the stand the employee mentioned to you, there can be only 2 possible reasons: (1) there MUST have been some such occasions in the Company's history where employees were made to run around for the dues/certificates due to her/him & he/she has heard about it from other employees. (2) The employee concerned must have had such an experience earlier in his/her career & is trying to be cautious in this instance--even if such a caution is unjustified here.

As HR, it's your duty to figure-out WHICH possibility is the right one applying to the concerned employee & ONLY then take suitable/appropriate action. If it's (1), you need to take it to the management's notice--so that the how & why of it can be analysed & corrective measures put into place & if it's (2), then as HR it's YOUR job to allay the fears.

You didn't mention the ACTUAL reasons why she resigned. Just talk to her & see how to resolve things amicably. If such a case is a one-off situation, then you may not have much to worry. But if such situations repeat, then you could be laying the ground for ex-employees to bad-mouth about the company outside [now-a-days Social Media Networks are also being used] & ij the long-run it's the Company that suffers--& consequently the concerned HR person.

Rgds,

TS

From India, Hyderabad
sasi_rekha
Hi Vishnu,
my suggestion...
With this kind of attitude, dont even give time of 3 days for this employee for the notice, you can terminate her on disciplinary and performance basis immediately, give her a termination letter not the relieving letter.
Regards,
Sasi Rekha.

From India, Madras
SN_citehr
Dear Vishnu
Kindly provide the following info:
1. Whether the Resigned has been acknowledged and/ or Accepted?
2. Have your organsiation has provided the reliving letter?
3. What is laid down in the Terms & Condition of HR policy for the same?
4. Letter of Non-performance could be given when the employee is in Employment and not when the resignation has been accepted and acknowledged, and HR dept. has proceeded with the same.
5. Employee behaviour as mentioned is not ethical, no doubt.
6. Inserting a Black mark too is not ethical, without knowing the grounds why employee is behaving like (as described by you).
7. Also describe the reasons, what made your employee to act the mentioned by you, for an appropriate reply?
Thanks

From India, Delhi
vispryal
Dear HR professionals,
The matter is sorted out with mutually agreed terms between us
& the employees. I would like to thank all for the valuable suggestion & time .
Some times, such cases happen & being HR we have act so diplomatic & smart so that such issues doesnt leave a scar behind the mind of other employees which in turn affects the company in a long run .
Regards
Vishnu pryal

From India, Mumbai
tajsateesh
1637

Hello Vishnu,
It's nice to hear that things have been resolved.
Why not share with the Forum on the 'how' part? It will give everyone a different way of handling such situations if they face themselves--instead of taking 'hard' action right away.
Rgds,
TS

From India, Hyderabad
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