Dear all, We have an employee in our company who has resigned.

The notice period is 30 days and he has requested to reduce it to 15-20 days stating a reason for joining a new company.

Currently, there is a massive workload and we may not agree to waive off. Though he has many ELs pending. Employee is above average performer with no complaints.

Post resignation, however, he is not sitting late for work. Leaving on time by giving excuses like Dentist's appointment etc. He has refused to work on weekends. And basically, he has mentally not present in the organization.

There is no issue with theft of data or saying bad things about the company etc. Could you please tell me if we can hold his relieving letter legally in such situations? Secondly, how many sick leaves can an employee take during a notice period? Annually we offer 9 SLs and the employee has 7 SLs pending. Can he decide to take all 7 SLs in 30 days notice period post providing medical certificates?

Your reverts will be highly appreciated.

From India, Mumbai
Ideally no leaves of any type in Notice period.
Why don't you assure the separating employee that separation will be done smoothly so ask him to handover the charge peacefully. In the end its give & take.
Do you have any clause regarding notice period in Appointment letter? Can you put more light on the said point ?

From India, Pune
Yes, following is the clause on appointment letter -
Notice Period - If at any time, you decide to leave the services of the Company you will be required to give at least one month's notice in writing. After submission of resignation letter, you may opt for early release, instead of serving the entire notice period, the same can be only done on written approval from the Concerned Head. In such an event the payment in lieu (last base salary) will be deducted from the dues. Company can also terminate your services by giving one month's notice or payment in lieu (last base salary).
Well, but my query is still unanswered. handover and everything will happen in due course of time. But can my organisation hold his relieving letter on grounds that employee is not working after official hours and declining to come on Saturdays..
Do let me know.

From India, Mumbai
legally you do not have any ground to do this. you can not go against labour laws.
From India, Pune
Anonymous
67

The answer to such questions can be answered in 2 ways. What a company can legally do or not do. And second is what the company should ethically do. I don't want to jump to conclusion but it seems from your post that employees in your company are overworked and stressed. You make them come to office on weekends- though I don't know for how long this is happening.
A good performer in your company has put down his papers. You have accepted his resignation. Then why get into the 'legal jargon' mode and be so shrewd as to exploit him even in his last few days in the company? The employee, as per your own admission, is a good employee. Yet you have turned to this community to find out ways you can control him.
The fact that you want to hold off his salary, offer letter because he is not waiting back in office, speaks of the overall callousness of your organisation. You are from the company's HR or that person's line manager?

From India, Mumbai
Actually, I am that person! Just post the question from different perspective to get true answers. So now I can refuse to work beyond office hours and decline to come on weekends then!
From India, Mumbai
Anonymous
67

Well you are free to do whatever you want as the responsibility of your action lies with you. Only you know the exact situation in your organisation and can gauge how much leeway your boss and company can give to you. Like I said in previous post, there are things that companies should do and things that companies do.
From India, Mumbai
True. I agree that. Also the world is very small in the industry where I am working. So will take care of that. Thanks a lot for your replies. Cheers!
From India, Mumbai
pip
9

Dear Brahmaputra,
Good morning.I have a completely different view on this subject.Essentially the notice period clause is meant for buying enough time for the Employer to find a suitable replacement for an exiting employee.You have agreed to the notice period clause while joining and in your case it is one month.Legally & ethically you are obligated to contribute to the Organization which was hitherto providing you with a livelihood, during the notice period also the way you have been doing all along.Morally you are not supposed to absent yourself unless it is an emergency because if you apply for a long leave since you have them,then, I believe, it is against the spirit of the notice period.Hence it is only fair on your part to serve the notice period in full if your Employer desires you to do so.As far as working late hours/ week ends...your own decision.My final suggestion on this entire issue...Part as friends!
Sincerely,
Ashok

From India, Hyderabad
Mr. Gupta.
When an employee decides to resign no one can stop, we should try our level best to retain employees. Every employee deserves growth in industry. Lot of reasons ( personal / official ) will be there when an employee decides to resign. No leaves are applicable during notice period, but can be sanctioned subject to his HODs discretion and based on his performance. Relieving him as per his request will increase the respect to the organisation. If the welcoming company is insisting for relieving letter and experience letter then only, out going employees will stand for proper handing over and serving the notice period.

From India, Hyderabad

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