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vikash1017
5

Hi Trajat,

Recruitment and selection purely depend on Mutual Decision between Employee and employer, there is no compulsion on it, neither you can impose your decision nor employer.

Now a days Market JOB scenario has changed and and every one (Employees) desire to Go up in their career within shorter period of time and they abruptly change the job, due to this company suffer huge loss cause when a employee join an organization, he requires at-least three month time for adjustment in an organization and there after he gives result.

In term of employer, they select an employee and nurturing him for getting good result and accordingly expecting from him to give results. because investment on employee is high (From selection to confirmation) they form such condition that have to be maintain by both parties. and therefore company has increase the notice period from 1 month to three month.

If you signed the employment contract letter and you accept the contact conditions you have to follow till your last date in your organization, there are no fundamental rules that breach the contract untill and unless one of them violating the condition.

Ok Dude


From India
anil.arora
663







Mr. Gurjar, well thanks for your comments and im not surprised to have this statement bcz i know there are numbers of peoples who dont even try to accept the situation..but your statement “We are seeing several posts and probably, 'smart' answers are less important than 'practical' ones” addressed to whom?? What exactly you wanna say here …please let me know as I didn’t get that…



I agree with you that everyone wants a practical and easy solution of his/her problem and not everyone can handle the diplomatic requirements, but making fake certificates, as someone has suggested here, is not the right way to tackle the problem



One more thing, anyone can assure me, can say here that they will definitely get the good atmosphere and culture of a company in future or according to them and they will like the culture, anyone???



You all guys definitely have had some complaints with the things happened and are going on your around and in your company, so you all are agreed to them?



I have mentioned in my earlier massage that every employee have to server and complete his notice period before leaving the current Organisation as agreed to the terms while the time of joining a company. If employee have rights to show his/her concern or likings (resignation bcz one don’t like the culture of an Organisation), Employer have rights to ask the employee to serve notice period according to their agreed rules and terms of a company by an employee.



It seems peoples are just making comments without reading the thread and also Mr. Gurjar I buy your statement that most guys posting in this forum may be really smart but may not be smart enough..



And back to the logic Mr Gurjar that you were talking about. You really don’t think that an employee have have to serve/complete the notice period before leaving the Organisation bcz an Employee and an Employer I think so!!!!

From India, Gurgaon
vikash1017
5

Hi Anil, my Name is showing in this website so you can use my name rather Someone OK pal, one thing more my first suggestion purely based on Practical solution rather theoretical solution.
From India
ngurjar
50

Anil,

I fully wish to see that the employee serves the notice period. We are on the same page. Being an employer, I certainly do wish that.

However, I don't buy a situation where THERE IS A WORSENING OF THE CIRCUMSTANCES AND ATTITUDES TOWARDS A LEAVING EMPLOYEE just because he is on notice. The post says that this problem has come up during the notice period. A notice period is meant to help the company look for a replacement and train the replacement and ensure smooth handover without compromising the business objective.

A notice period is NOT MEANT TO HARASS A LEAVING EMPLOYEE BY OVERBURDENING HIM WITH WORK. Neither is it meant to GIVE HIM TASKS THAT HE NEVER DID BEFORE. That is what I mean to say.

Your answer stating that you have to serve is bought well, but your stand is simplistically put, not quite right... As the HR, if such an employee comes to you, you need to check if he is doing the task that he has been doing till date or is this something new. See what the normal timelines for such a task are and understand if there is undue pressure being put on the leaving employee and probably counsel the manager of the employee to ensure that the exit is smooth. After all, if you are the kind of person believing in referrals and networking and background checks, you will agree that happy alumni are the biggest assets of a company.

And most of the answers I see on this forum are stating about the work life, culture, maintaining relationships, etc. No one would complain about a notice period if it is like 'every other day' they were in the company. Hence, what I wish to say is that, the fundamental phenomenon THAT THE COMPANY HAS CHANGED THE WAY THEY ARE DEALING WITH THEIR EMPLOYEE DURING THE NOTICE PERIOD IS BEING IGNORED. And believe me, it is easy to prove it in a court of law and it is punishable in a court of law. Worse, the HR could be proved as the alibi.

I know going to a court of law maynot be practical for many. But you need to understand that many employees are not smart enough to 'avoid' doing work assigned to them even during their notice period.

From United States, Daphne
ngurjar
50

Avoid doing work... I mean avoid doing extraordinary work... Hope that clarifies my response.
From United States, Daphne
skhadir
288

Dear All,

I had gone through interesting views submitted by distinguished members of this community. I agree with Mr. Nikhil.

I have a query for which i am expecting reply from you all.

---I do agree that an employee had agreed on CERTAIN TERMS and CONDITIONS TO SERVE THE EMPLOYER but is it anywhere mentioned in TERMS OF CONTRACT that "EMPLOYEE HAS TO TOLERATE EVERYTHING WHICH IS UNETHICAL"?

2) Who has given rights to EMPLOYER to TORTURE employee?

3) How can employer OVER RULE everything? For example, if employee wants to get relieved before the end of NOTICE PERIOD on GENUINE GROUNDS, he/she will not get his EXPERIENCE CERTIFICATE, RELIEVING LETTER, BENEFITS etc.,


for TRAJAT---

--------------


1) I do understand your feelings and pain you are going through but, if you really want to overcome hurdles in your life then you need to gain PATIENCE LEVELS, you have to learn how to tackle situation at workplace - DIPLOMATICALLY, as there are better ways to complete your NOTICE PERIOD without inviting troubles that may spoil your CAREER RECORD.

2) If you have an offer in-hand, its upto you "how you want to get yourself relieved" because its your life and you only have right to assign priorities.

3) I you don't have an offer in-hand, you have got 8hours/day to offer to your employer. Whatever you can do, you do it with full of passion. Accept it as a CHALLENGE. Allow DOG's TO BARK and BARK, REMAIN COOL WITHOUT LOOSING YOUR PATIENCE LEVELS, try your best to enjoy DAILY SHOW @ WORK PLACE.

With profound regards

From India, Chennai
anil.arora
663

Right Mr. Gurjar im agree with you that a notice period is not meant to harass a leaving employee by overburdening him with work and im also against these things and where I have said that im not against this harassment by Superiors or supporting to them in this regard.

Definitely we should raise the question against the behavior of Superiors with an employee during the notice period..but peoples didn’t get that what I was just intended to say here that Rajat and the employees who are not service or completing their notice period and making statements/comments and asking for help to get relieved soon by the employer, must complete their notice period.

Also if an employee faces this kind of harassment by their superior can talk to their HR peoples and they will definitely not refused his/her request to interfere, wud never try to avoid this…

I have seen many resignations in my company/department but never done the things that Employee can raise the question but always expect that an employee must complete their notice period which is mandatory according to the agreed terms of his/her employment.

Hope other peoples do understand my statements/motive this time…

See, I have worked with few Organisations in my working life and spent long time, have numbers of HR and other contacts and know many HR peoples personally from many different company/Industry, have communicated with them many times over the atmosphere/ culture of a company/organization but often found that Superior do harass their employees while their notice period and HR peoples has denied to help the employees who have experienced this kind of harassments.

I mean…let me ask you guys how many peoples are there who have seen this kind of harassment by their superiors/employers..and how many of you have raised this question in front of HR peoples…has he consult to his HR peoples in his company about his situation and told them that his superiors are doing on his notice period???? Has anyone asked him about it? any one of you tried to find this out..anyone????

Im not talking about one or two peoples but to all of you…Im sure if you’d sincerely ask youself and to your connections, you’ll definitely found the result in favour of Employers..I mean yaar we always talk about the corporate culture, advancement of HUMAN RESOURCE MANAGEMENT and their functions/work style, we have numbers of laws and committees to help the employee in whatever problem in the Organisation and know that HR peoples do help the employees but until employee will not share his/her problem, how can HR personnel get to know about his/her problem….

Let me know any single name who have tried to talk to his/her HR team to interfere or solve the problem like Rajat and kind of peoples are facing or have experienced and HR peoples have denied his/her request.. anyone who can answer me???? STOP CRITISING HR PEOPLES guys.

There are numbers of HR MANAGERS/PERSONNEL, anyone who can say that an employee has come with his problem and he have never tried to solve problem..there is a two sides of a coin and we must consider the Employers side before making statement of judging the HR peoples…

Think about it ….

From India, Gurgaon
ngurjar
50

Dear Anil,

I know atleast 3 other people who did inform HR about such situations. However, HR took a sadistic posture... Its sad, but true.

I raised this earlier in a conflict resolution question, but most HR guys have to stick to the chain-of-command. In short, in case of conflict, they take the side of the bosses.

In fact, its a pity that most companies do not know or have proper exit interviews. Whats worse... they don't know how to initiate change based on such feedback... And we see a lot of posts on this forum on attrition!!! But this only substantiates the claim... and the fact is, we lack HR professionals in this country. We lack other professionals too, but this forum is restricted to HR people.

I wouldn't like to get personal, but you yourself tried to 'push the ball back to Rajat' without adequately probing the case in your earlier posts. It came as a shocker, because one could extrapolate that to your response to a problem in your own company... Don't you agree? Or did we misread you???

Your stand has always been that it is mandatory to serve a notice period. Let me clarify that it is NOT MANDATORY. It is CONTRACTUALLY AGREED to serve a notice period OR PAY FOR THE SAME. That doesn't make notice periods mandatory. I have seen in several countries (especially Europe and the US), that when an employer terminates an employee, it is usually done with IMMEDIATE EFFECT, regardless of how critical their work was (even Chairmen were fired by supervisory board members with immediate effect in Germany). So, you might want to reconsider before making tall claims about the significance of that for the employer... Before we go into what one feels and some qualitative assessment and reasons and more reasons... let me help by asking you the same again... In another objective way what I mean is: What financial loss did it cost the company? How did you arrive at the figure? How did you arrive at the duration of your notice period? What would have been the financial loss at the end of the notice period? I hope you have an answer with strong logic and concrete numbers.

In my company, we have partners and employees and we deal with a lot of confidential stuff as we are management consultants. So, our exit requirements are more stringent. However, we don't believe in a notice period due to our business conditions... And we don't have one as a policy. So, it is always a 'sudden' thing for us.

From United States, Daphne
anil.arora
663

Dear Mates,

We are discussing about the problems occurred during notice period and if one experiencing the harassments during his/her notice period must tell their HR peoples to get the solution. And the same I have mentioned many times there….but still the question remain the same….Why peoples are not getting this???

Mates, I beg your pardon but still there are numbers of response I have seen where peoples still are not getting the actual motive what I have conveyed here. Im not criticising the employees who are facing these harassments by their supervisor and not to anyone but just wanna raise this issue that why employee don’t ask the HR peoples to interfere if they facing these harassments/problems and why they still support their Boss when HR personnel get involved.

In my reply, everytime, I tried to convey why this kind of harassment issues take place and bcm serious bcz employees who are facing and experienced these things, never tried to tell about the problems during notice their period to their HR peoples, so how can they get the solution for their problems. This is not the right way to raise the problems and questioning about HR and their function and this problem can be seen everywhere in the world but still we used to say that our Indian HR systems is not good and running too slow and we lack HR professionals bcz we are nod doing our job as other country HR professionals are doing etc etc

There is no question about completing a period of notice if one has never agreed on terms or can get relieved by paying the loss of organization. About Attrition, I wanna ask the peoples why we have discovered this ATTIRITION in HR, and we all know that there are numbers of peoples who just leave the job bcz of attraction of a new job even offered higher pay elsewhere within a short period and it bcm usual. It is important to know that the reasons people give for their resignations are frequently untrue or only partially true. The use of exit interviews is undesired, yet they are notoriously unreliable, particularly when conducted by someone who may later be asked to write a reference for the departing employee. They are reluctant to voice. Criticism for their managers, colleagues or organization generally, preferring to give some less contentions reason for their departure and to control this kind of resignations we used to make the rules, terms & condition of mutual terms of an employment and I don’t think there is any harm in it otherwise we don’t need these….

And whether notice period is mandatory or not I wanna share with you guys that there are numbers of companies looking forward to enforce the clause of mandatory notice period as mentioned in them in “Appointment Letters” or in “Contract of Employment”. In many companies the notice period is of 1-3 months based the position that you occupy. And why Companies are considering this enforcement tool bcz they want retain their people.

However, I am of the opinion that the moment an employee resigns, psychological he is out of the company. Once an existing employee put down his papers, doesn’t matter what work his company assigns to him, he will not give his 100%. He will just hang around to complete his mandatory notice period. Also, there is a possibility that he may get indulged in spreading rumors or negative thoughts about the company, his bosses, etc and thereby distracting other employees. Serving a mandatory notice period and completing your work in hand is a matter of personal values and ethics and none of these can be forced.

So, what do you think the companies should enforce the notice period or shall they just let the person go on the same day or as soon as possible?

Can companies enforce dedication and ethics? Dedication, values and ethics are part of team-spirit and once a person decides to detach himself from the team, he is no-longer bound by the team-values.

Coming back to the point I just wanna say that there is a two sides of a coin and we must remember the both sides…

From India, Gurgaon
ngurjar
50

Anil,

Great post... Your questions are answered in my post, and yours as well!

To clarify:

1. why employee don’t ask the HR peoples to interfere if they facing these harassments/problems:: HR guys have to stick to the chain-of-command. In short, in case of conflict, they take the side of the bosses.

2. never tried to tell about the problems during notice their period to their HR peoples, so how can they get the solution for their problems. This is not the right way to raise the problems and questioning about HR:: Well, its the above reason and I indicated it more than once...

3. About Attrition, I wanna ask the peoples why we have discovered this ATTIRITION in HR, and we all know that there are numbers of peoples who just leave the job bcz of attraction of a new job even offered higher pay elsewhere within a short period and it bcm usual.:: Most times it is not the money that triggers attrition. It is a decision variable, but NOT THE TRIGGER IN MOST CASES. A person doesn't start looking out for money... He needs to change for some other reason. Leverages his idea of change based on the offer he gets.

4. It is important to know that the reasons people give for their resignations are frequently untrue or only partially true. The use of exit interviews is undesired, yet they are notoriously unreliable, particularly when conducted by someone who may later be asked to write a reference for the departing employee. :: Only confirms my statements...In fact, its a pity that most companies do not know or have proper exit interviews. Whats worse... they don't know how to initiate change based on such feedback... And we see a lot of posts on this forum on attrition!!! But this only substantiates the claim...

5. Enforcement of notice periods is not about retention. Retention measures are everything you do BEFORE THE EMPLOYEE DECIDES TO QUIT. Notice periods are meant to protect the interests of the company, to ensure that their business objectives are not adversely affected by changes. In certain economies, it is difficult to find people (6-9 months of recruitment time in Europe). So, one needs to ensure continuity. In India, it isn't that difficult to find a replacement. If a company is serious, they will find one within 2-3 weeks! If you are handling recruitment, you will surely agree with this.

6. Your own post contradicts... :: However, I am of the opinion that the moment an employee resigns, psychological he is out of the company. (in other words, no room for retention) :: And why Companies are considering this enforcement tool bcz they want retain their people.:: Both these statements are implicitly contradictory. And I have explained that in 5.

7. He will just hang around to complete his mandatory notice period. :: This general assumption is another reason why HR professionals don't take complaints of harassment seriously. In fact, your assumption was reflected in your advise... which I had mentioned as:: 'push the ball back to Rajat' without adequately probing the case in your earlier posts.

8. Dedication, values and ethics are part of team-spirit and once a person decides to detach himself from the team, he is no-longer bound by the team-values.:: There is probably a serious flaw in that argument. I have changed several companies and it never affected the team-spirit and the team-values! In fact, every employee carries a part of the company values with him as he leaves... believe it or not!

9. So, what do you think the companies should enforce the notice period or shall they just let the person go on the same day or as soon as possible? Can companies enforce dedication and ethics?:: Enforce the notice period to ensure that the business objective is not compromised, and the business risks are not increased. Yes, companies can enforce dedication and ethics... The HR has to be effective enough to do that. Its part of their job!!!

From United States, Daphne
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