In our organisation employee resign within 1 month of joining organisation where he did not received appointment letter from company.
As per offer letter company mention only to serve notice period of 3 months in probation as well. If employee ready to pay back notice period instead of serving notice as per offer letter can company enforce employee to serve notice of 3 months as per terms of offer letter.
What legal action company can take against the employee.
Please suggest.

From India, Kalyan
Partner - Risk Management
Recruitment/talent Acquisition, Career Counselling

I think you are 'barking @ the wrong tree'--so to say.
Your MAIN problem/issue right now is actually: 'why are the new employees leaving WITHIN a month of joining?'
Frankly, you seem to be having some serious problems which seem to be leading to such repeated situation [one-off cases of such early leaving is normal, but repeated situations SHOULD definitely be a cause for worry].
Pl identify AND correct the reason(s) for this situation & the 'perceived' problem of leaving without fulfilling the 3 month Notice period should reduce, if not altogether vanish.
Looking @ it in another way, the problem is being shifted to the employees due to the inability/failure to put things in-order by the Management/HR.

From India, Hyderabad
Enforcing the policy in a manner where the crucial substance of it is oust & going legal for the same!! Raising a serious question on the company's integrity.
If the employee is ready to pay the notice amount against the notice period company has no stand to go legal for. As a HR you can very well make him understand the importance & need of him staying for some time for whatever reasons ( doubtful within a month what exactly you want him to handover & stay for???).
I hope the reason for going legal is what you've mention & not some veiled intentions!!

From India, Ahmedabad
I would like to inform that after his resignation we ask him to come and meet us and discuss issue to get conclusion to rejoin back to organisation as there was no fruitful discussion with him, we still give him time line to join back to organisation with instruction that if he still wish to resign from organisation he has to serve notice period as company does not have policy of pay back option of notice period. Which he does not agreed upon and he is only ready to pay back notice period of 3 months to company which is against the policy of the company.
Can we enforce him with legal way to serve notice period and not to escape by payment of notice period.
Dear Experts
Please give your suggestion on this.

From India, Kalyan
You seem to be MISSING the whole point.
Let's look @ the situation you mentioned differently.
Had YOU been in this employee's position, would YOU want to get relieved within ONE MONTH of joining EVEN BY PAYING 3 months salary in lieu of the Notice period? Most likely NO--even if you had lots of money to blow. WHY? At least, I wouldn't.
I repeat what I mentioned/suggested earlier: 'why are the new employees leaving WITHIN a month of joining?'
Hope you get the point.
What you are trying to focus is on THE AFTERMATH of the resignation, while what I am suggesting is to focus on the PRE-EMPTING the situation itself--which would be MORE important to the Organization in the long-run.

From India, Hyderabad

I am still unable to understand!! Okay what if you go legal (which you can if you want to). Is it going to serve your purpose?? I am sure NO. First the time involved in such legal fights will take you nowhere but just waste your energy & money. Second you CANNOT FORCE an employee to work with your organization AGAINST HIS WISH. Third you DO NOT HAVE A REASONABLE REASON to justify why you want the employee to serve the notice of 3 months, just because it is mentioned in the offer letter!! do not forget you have not issued the appointment letter. Further, if the employee is ready to pay the penalty for leaving your organization within a month what do you expect law to do!! Give decision in your favor that employee should serve you for 3 months. Surprising isn't it!!

Can you pl make it clear the PURPOSE / INTENTION / LOGIC behind not having the clause of "pay against notice" for probationary employees!!! How many such instances have happened where the employee leaves withing 1 month of joining?? Ideally you need to RESTRUCTURE your policy & also IDENTIFY the root cause of employees leaving within a month.

From India, Ahmedabad
Ok I now understand why the original post was anonymous

This is so funny actually

Someone leaves the organisation within a month of joining.

Obviously he feels it's a complete mismatch or that the organisation is pathetic and he does not want to work there. His not being given an appointment letter probably added to the problem.

He would have walked off

With or without even bothering to resign officially (my guess)

Now, the hr department is asking him to come and discuss his joining back

Obviously they didn't get the message :)

Then they want to enforce a 3 month notice period and force him to work there

I do not know why someone will pay a person a salary of 3 months when it is very clear that nonworkmis going to get done by that person.

I have serious doubts that any employee who left within a. Month (and therefore most probably didn't get salary) will offer to PAY the company another 3 months salary to get relieved. He will laugh it off and say I will not bother to list this in my experiance

I think the company needs new management, probably new hr department

From India, Mumbai

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