Dinesh Divekar
Business Mentor, Consultant And Trainer
Neer300182
Hr, Legal Compliance & Er-ir
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
Harsh Shukla
Ceo And Md Of 3 Uk Based Mnc's
Executor
Start Up Consultant
+1 Other

One of our employee wants to leave the job. He has been with us for 2 months now and is in probation period. I have following questions to ask:

1. Under his offer letter he is supposed to provide notice for 1 month while in appointment letter it is 2 months. Which one would apply in such a situation? (Employee is arguing that since he joined the job on the basis of terms and considerations mentioned in offer letter he would serve the notice for 1 month.)

2. In his offer letter a clause is mentioned as per which "he commits to work with us for a period of 2 years" but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period has any validity? ( it is given in his offer letter that if he leaves the company before the stipulated period , the monthly deductions from his salary would not be given to him He agrees to this and says he does not want this amount.)

3. He is stating that he has got admission in some prestigious college and can not continue working with but he is not presenting any admission slips. can we force him to present his admission slips?

4. Company doesnt want to relieve him what can we do in such case?

Thanks in advance.
From India, Jaipur

Please find below my views

1. Under his offer letter he is supposed to provide notice for 1 month while in appointment letter it is 2 months. Which one would apply in such a situation? (Employee is arguing that since he joined the job on the basis of terms and considerations mentioned in offer letter he would serve the notice for 1 month.) How does your appointment letter and Offer letter contradicts, Also let the forum know that whether the appointment letter where the clause of notice period/termination clause were signed by the employee as acceptance to the employment terms and condition.

2. In his offer letter a clause is mentioned as per which "he commits to work with us for a period of 2 years" but the same is not there in his appointment letter. Since no training was given to him, he says that he cannot be bound to stay back. Does this bond period has any validity? ( it is given in his offer letter that if he leaves the company before the stipulated period , the monthly deductions from his salary would not be given to him He agrees to this and says he does not want this amount.) Since the employee is agreeing to pay the penalty. The employer cannot do much as Bond is not legal in India, and no training was imparted to the candidate

3. He is stating that he has got admission in some prestigious college and can not continue working with but he is not presenting any admission slips. can we force him to present his admission slips? He is not legally bound to show you the admission slip as per your demand. It is his will to resign and employer cannot force him to stay back

4. Company doesnt want to relieve him what can we do in such case? Company is legally bound to relieve him after completing the exit formalities, as employer cannot force any employee to stay back, or else has to face consequences if the employee approach any legal suit

attribution https://www.citehr.com/469274-employ...#ixzz2csOYd64v
From India, Ahmadabad
Hi Payal92,

This is an issue that raises its head time and time again.

The key word, here, is probation.

Your employee is in the probation period.

The definition of Probation period is:

The probationary period helps the employee determine if s/he will remain in the company based on daily work schedule, expected duties, and skill set that the position requires.

Likewise, it helps the employer to assess and evaluate the employee, to determine if the employer wishes to retain the employee.

In other words the probation period is a trial for BOTH parties.

If the employee has decided that s/he does not wish to continue employment, then let go. Notice periods etc. have no relevance, as the employee has not "passed" the probation. Therefore, terms and conditions such as "...commits to work for 2 years...", do not apply. And you cannot force him to supply you with admission slips.

You should view this as no different than, if YOU wanted to terminate the employment within the probationary period.

Now, as the company do want to relieve him, because, I assume he is valued, then why don't you offer him a compromise?

Such as the possibility of time off (unpaid, of course) for further study; or part time work and part time study. Win Win for both?

This will enhance your image, you will be seen as a caring employer, it will improve morale and at the end you will get a better and more committed employee.

I hope the above helps and gives you some food for thought.

Regards,

Harsh
From United Kingdom, Barrow
Thanks for your kind time and reply.
In past many employees have left this very job after working for 2-3 months and therefore it becomes very difficult for the organisation to look for new employees every time and therefore we wish to retain him but cannot add any benefits to his present job.
Mr. Harsh Shukla employee has signed the offer letter as well as acceptance letter. But period for notice varies in both. It is one month as per offer letter and two months in acceptance letter. Bond period is mentioned only in offer letter.
From India, Jaipur
We also doubt that he might stop coming to the office after serving the notice.
From India, Jaipur
Dear Sir,
While in entry into service, any person will be appointed on probation. In probation period, any person can be terminated from service without notice. Likewise, the employee also can be left with simple intimation.
Moreover, if anybody leaves from service we cannot force him to come and join and work. People leave for betterment or with no satisfaction.
We cannot force anybody. Better to leave him peacefully.
D.Gurumurthy
HR & IR Consultant,
Hyderabad.
From India, Hyderabad
Why cant you check within that why employees leave your organization within 2-3 months, take corrective measures and give a good environment to the employees that they stick to your company for long.
From India, Ahmadabad
Dear Payal,

This is in addition to what previous members have said. Hitherto the replies are about the legal angle and validity of his exit. My reply is more from HR point of view.

You have given four paragraphs. In each of the first two paragraphs, one observes a discrepancy between "Offer Letter" and "Appointment Letter". Why there is discrepancy? Who signed these letters? One who issued the Appointment Letter, why he/she did not cross check the terms mentioned in Offer Letter? What action will you take against the person who issued Appointment Letter without checking for discrepancies?

This is the first time I am observing that company is talking about the "Notice Period" in the Offer Letter itself. Why was it done and why the need was felt to intimate the employee-prospect about how he/she should separate right at while offering him/her job?

The same problem is there in paragraph 2 also. Discrepancy in terms mentioned in offer letter and appointment letter.

Now from my point of view or even legal point of view as well, "benefit of doubt" is always given to the subordinate employee. Secondly, HR needs to put house in order first. If "Offer Letter" and "Appointment Letter" are issued through HR Department then it is classic case of left hand not knowing what right hand is doing. It is high time to bring synchronisation in these movements to avoid hassles of this kind.

Thanks,

Dinesh V Divekar
From India, Bangalore
Hello Payal92,
Your situation has TWO issues.
1] It's really surprising that the Offer Letter & the Appointment Letter has DIFFERENT conditions/clauses w.r.t. the Notice Period & Bond. What IF this situation came for an employee who has cleared the Probation? You would a far more serious situation. Suggest get this corrected ASAP--maybe it's better to review the COMPLETE Letters--to check IF there are any other variations.
2] Before thinking of ways to handle the specific case of this individual, let's look @ the larger picture.
You mentioned 'In past many employees have left this very job after working for 2-3 months.....'. Obviously, there's something WRONG WITHIN--like Saji mentioned. Rather than focusing on the 'WHY' & 'HOW' this guy can leave the way he is doing, suggest talk to him with FULL TRANSPARENCY & get HIS side of the story of why he wants to leave.
You can be sure he WILL HESITATE to open-up. But I think it's in YOUR interest to get to know the ACTUAL reasons--so you need to figure-out how to cajole him. If you can't convince him to continue, at least you will know the reasons/issues where you need to focus so that the NEXT GUY will stick to the job.
Coming to the issue of the 'right' or 'wrong' of whether his leaving the way he is doing, the other members have already given the appropriate suggestions/inputs.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Payal92,

Others have given you some expert advice and Dinesh Divekar has asked pertinent questions, to which I will add a few more. First a comment: had you searched CiteHR about offer letter/appoint letter, you would have found some excellent discussions at

https://www.citehr.com/253741-offer-...documents.html

and about the notice period at https://www.citehr.com/414047-no-men...ice-offer.html

Suppose the company did not find the candidate suitable, or found a better candidate, while the employee was still under probation, which of the letters would take precedence and why? If the employee wanted to continue to work with the firm, would you keep him on? If not, why not? Do you not think that during probation period the employee can quit anytime for whatever reason?

Please also see

How Do Offer Letters Differ from Employee Contracts? | Labor & Employment > Human Resources & Personnel Management from AllBusiness.com so that you can change the system at the place you work without getting into such a "messy" situation in the future.
From United Kingdom
Dear Payal..

The experts above have spoken on all aspects very clearly and there's really not much more to add. However, I personally found it rather distressing that your company (and you) are trying to find means to bind this employee in a position that is obviously flawed. It is really very plain to see that your company and your HR team needs to get their act together both on account of creating a position of worth to an employee and creating documents that are not contradictory. The fact that in face of all of the history you are still trying to "bind" the employee tells me that your company does not give a fair opportunity to people in this position and that hints at very unethical business/HR practices. Surely, 2 months is all that takes your new joinees to realize they have made a mistake in joining you. In reality, you cant do much but to introspect and set your house in order.

It would indeed do you good to focus on the real problems and let people leave when they want to. If you hold him back against your will, you will not get any productivity anyway.

Regs,
From India, Mumbai
#Anonymous
The responses are as follows

a) If your offer letter mentions 1 month, then that is what is valid and not what the appointment order states.

b) If no training has been given, then the bond is not valid.

c) You cannot force him to give the admission slip. It is intrusion into someone's privacy. And if you do, you will damage the relationship, because it emphasises to him that you do not trust him. And trust is the primary factor in any good employee employer relationship. And he can also refuse to show it. If I were him, I will refuse.

d ) Tell the boss who does not want to relieve him that the era of bonded labour is over. Everyone has a right to chose what he wants. You have no other alternative but to relieve him.

I believe that you are not in the business of harassing employees. What is the use of harassing an employee who wants to leave. There will only be intangible loss to the Organisation. You may not feel it when he leaves. But you will feel it when people known to him start refusing job offers from you. They will become bad ambassadors and you might lose out on some very good talent in the future in case that prospective talent is known to this person. It is in the interest of the organisation to relieve an employee with a feel good factor, so that he can become a good ambassador of yours. And please remember, just as the company does a reference check of the employee, all good employees also do a reference check of the company and their HR climate. Only desperate employees will join an organisation which has a bad HR climate.

If I were you, I will relieve him and find a replacement.
From Indonesia, Jakarta
Hello Payal,
Convincing the management is YOUR job I guess.
And most managements listen ONLY to the sound of Legal language OR the fear of ADVERSE Publicity.
What IF this employee goes to the court? Are they ready for it?
And in these days of media glare on every little happening, bringing their attention to such a fiasco shouldn't take a lot of effort for the employee I guess.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear Payal,
I do agree with Mr. Gurumurthy. Employee may leave organisation with immediate effect during probation without notice and also you can't claim any notice pay from him/her for the same act.
Employee is not bound to show you admission slip or any other document to with respect to leaving the existing job during probation.
As per my opinion, let him go and don't compel him for any supporting, notice pay or monetary claim etc.
From India, New Delhi
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