Assistant Manager Human Resources
General Manager Hr
Recruitment/talent Acquisition, Career Counselling
Consultancy_hr & Ir
Recruitment, Er, Generalist
Have you received any written proof about the employee's proposed absconding?
If so, please present the same to your top level boss preferably in director level, then you can drag his payment, by telling that there is some problem in software or in leave of last year, which is under scrutiny. On clearance of the same your payment will be released.
Please do inform the substantial fact to your immediate boss without any delay.
11th August 2011 From India, Kumbakonam
Thanks for your feedback, However how long can we do this ? The employee says he has some personal problem (Which is not true) and not coming to office. So no possibility for us to train a new hire to replace his position. Since its crucial our management allowed me to take my own call. The employee has joined recently even there is nothing to hold in F&F.
11th August 2011 From India, Madras
Why not simply call him and REMIND him that you have reasons to draw his attention to the terms and conditions of employment especially as regards to Notice Period. Don't get dragged into further discussion. This is a transparent approach yet tactful!
If after this should the employee leave in defiance to terms and conditions of employment and the Notice Period, you have a right (I suppose) in the contract of employment to not pay him the Notice Period, adjust balance PL etc. You in any case withhold/indefinitely delay his clearance formalities and on that count hold F & F on all counts. This is the way the "administration" component of HR job must act. Now it is for him to proceed against the company for recovering his dues.
Further, you can make the relieving letter, if at all you make it in this case appropriately and give a negative feedback to his potential employers, for what it will be worth.
Kindly do NOT be a captive of a mistaken notion that HR cannot/shouldnot act tought or meet fire with fire! HR also has a backbone. If HR plays fair and receives an unfair response then HR taking extreme steps is fully justified. Never forget that you are working for an ECONOMIC organization and NOT in a charitable organization (where you may, albeit wrongly, choose to be lenient at the costs of the funding agencies!)
Be fair, act rationally, don't ever initiate recourse to dishonest means and approaches!
August 11, 2011
11th August 2011 From India, Pune
Please try to find out the reason for absence and do not conclude by mere facts.
If he really stands on the negative side of it...withhold the pay..as you know money pinches.. one thing is for sure...everything reciprocates...the way he wants to leave the company may not happen just like that..he has to transfer his knowledge and make a smooth exit...Not today he requires the companies feedback ..sooner or later he will approach you for feedback...so its good you call him up and inform him of the consequences...
Have nice time...
11th August 2011 From India, Visakhapatnam
I am not sure Bhaskar's suggestion would work in this case, for the simple reason that all this guy needs to do is to checkout with his friends [he does have them within your company since he seems to have shared about his plans] & realize that you aren't telling him the facts. And in the process, you aren't handling the main issue @ hand.
The best way would be to confront him--straight & F2F [NOT over the phone]--as Samvedan suggested. However, I wouldn't suggest you to focus on the Notice Period rules. Rather focus to confront him about what you heard about his plans. Obviously, he will deny it. Then switchover to his continued absence & the reasons--again he will most likely stick to his 'personal problem' angle. Pin him down saying that you have info that his personal problem isn't true & if he wants the Company to take his word, then he needs to substantiate with concrete evidence. Else, the company is free to take it in the way it deems fit.
And in case, he refuses to come for a F2F, give him an ultimatum that your boss [or whoever is a very senior official] wants to meet him.
I hope you got what I am driving to--you will be creating the ground for disciplinary action--if you decide to move in that direction--and keep the salary aspect totally OUT-OF-FOCUS AND DISCUSSION. You would, thus, also have handled the issue of whether to pay his salary or not, without even broaching the topic--until you are satisfied with his responses.
All the Best.
11th August 2011 From India, Hyderabad
Please understand that if the employee has made up his mind to leave the Company, he will do so anyway. There may some compelling set of reasons for his decision to do so. Try to find out these resaons and maybe you will find a solution to address this issue.
The best way to handle this would be to have a face to face chat with him.
In the meanwhile please release his salary without any further delay, if it has not been done so.
12th August 2011 From India, Mumbai
This is a common practice in present days. You may have a discussion with him and see whether he is unsatisfied or planning to leave. Then analyze the root cause and do the necessary action to retain your workforces which save your costs and time.
Holding salary, serving notice period and delay in F&F are the last weapon in the hand of HR. If you can motivate employees and reduce attrition, this will be greater achievements for you.
I hope this may help you.
12th August 2011 From India, Bhubaneswar
Only words are not enough for Trust. Do you have any proof & you are just PREDICTING. Your PREDICTION may harm his career & personal life too.
Please handle it with utmost care & sensitivity. For me holding salary is not a correct way.
12th August 2011 From India, Kolhapur
I am agree with Mr. Vasant Nair & other members. Please talk to the employee face to face & try to find out the reason for his decision. Make him understand that his approach is wrong & unprofessional ,which can harm his future employment also as many of the companies are doing past employment reference check. If he really wants to leave the organization he should serve notice period as per appt. letter.
12th August 2011 From India, Gurgaon
12th August 2011 From India, Madras
You are right in your thinking process--your priority is NOT ONLY to resolve the issue-in-hand, but also to pre-empt any such situations emerging in the future.
Just re-read my earlier posting, where I mentioned that you can avoid the Notice period or the salary issue from becoming the focal points at all. Once they are NOT the focal points for any discussion/action, he can't go legal--since you would be changing the situation to more of a disciplinary situation.
And as far as possible, pl put everything you discuss with him 'on-record'--in writing--after your discussion is thru. that will not only give your the necessary evidence of the issue IF he decides to go legal BUT ALSO put some fear in his mind about thinking twice to go legal.
Also, pl note that, IN GENERAL, not many people go legal as a matter of option/choice. I have seen many people go legal with the best-case scenario in mind--often forgetting that the worst-case scenario also may result in such a course of action. So what he does IS NOT IN YOUR HANDS. What is IN YOUR HANDS IS YOUR RESPONSE--for which you need to be prepared.
All the Best.
12th August 2011 From India, Hyderabad
I also concur with many others in the notion that withholding a salary will not be a proper solution as this is just rumors and hearsay. Confront the employee right away and make sure he understand the consequences of his intended action should it turn out to be true.
Advice on proper hr procedures to be followed in this regard and how to go about following them, then you know you are somehow covered and you can consider drastic action should he continue to abscond.
12th August 2011 From South Africa, Pretoria
so its not a good idea to withhold the salary for this reason without any proof.
12th August 2011 From India, New Delhi
13th August 2011 From Thailand, Bangkok
I am also agree with Mr. Vasant Nair & other members. Please talk to the employee face to face & try to find out the reason for his decision. Try to convienced him if he is really requred/worth for the organisation. Even with the approval of mgmt, you may try to increase his CTC. One thing I always believe is that, there should always be gressful exit.
13th August 2011 From India, Mumbai
in this discussion if he reveals that he is going to abscond surely u can stop his salary(written or oral but there should be a witness)
if u don't know it clearly it is not good to stop salary
why because is some may willingly or non willingly misleading you
13th August 2011 From India, Hyderabad
Myself santosh kumar patra worked in landmark ltd in Hyderabad position of account executive.i had got a better prospect in other organization. i suddenly left the job.So
other organization will asking the reliving letter & service certificate.but HR Department will not agree to issue reliving letter & service certificate. HR-Manager put a mail to me Why did you not serve notice period ? We donít issue service letters to staff who leave without serving notice period.i put a mail to HR-Manager sorry i made a mistake,So i will agree to pay one month salary as per company rule. but HR-Manager also disagree to me issue reliving letter & service certificate. what should i do. requesting you to seniors kindly guideline to me.what is my next process. other organization will asking to me letters URGENT.
Thanks & Regards
13th August 2011 From India, Madras
Inadequate information does not elicit comprehensive advice.
- In your case were you obliged to give "Notice" to present employer of your intentions to leave employment?
- Does your contract of employment stipulate that either party, at least you can buy out the "Notice Period"?
- When your date of joining the new employer was finalized, did the new employer not ask you about your notice period obligation with previous employer? Was he willing to accept your joining without any "Relieving Letter" being issued by the previous employer?
- Please note that it is very improper to leave employment without giving the employer any notice period or without even discussing the matter with the employer.
- Having done so anyway, please try to convince the new employer as to why you cannot produce "service certificate" or "relieving letter". But if the new employer does not agree to let you join without these documents (as he may suspect that in future you may treat them also in this manner!) then you are in abit of trouble.
- This act committed by you, in many cases arises from a habit described as "shoot first and aim later!". If so, please remember such habits do not always work in all situations.
August 14, 2011
14th August 2011 From India, Pune
15th August 2011 From India, New Delhi
You cannot off hand take recourse to withholding the pay of the employee. As you say, You have either heresay or a trustworthy information of the person's intention to leave the job, what is required is one to one discussion like an exit interview informally firstly to know his intention and also to advise him to adopt a positive approach as staying back without following the prescribed procedure will do him more harm than good in many ways one being the reference check.
16th August 2011 From India, Delhi