Dear All,
I need your suggestions on this case:
from the time a project manager joined an IT co., continous issues were reported related to his "late comings, most absteneesm employee, not taking responsibility and misconduct/misguiding the firm/team member.
From the time he joined, several warning mails were sent to him by the HR, and he replied ansuring to show inprovements
he is still on his probation (6months not completed) but no improvements on the above issues. even stakeholders clearly entioned to discontinue his service.
Compnay has decided to suspend him due to all poor performance.
he has put down his resignation and he asked to serve 3months notice, but he is not eligible for 3months NP.
also HR has accepted the resignation.
what to do now? plz there any NP for him since he is suspended? what a small compnay can do in such case.

From India, Mumbai
MSR: Notice period can't be dictated by an employee, but by the organization and is usually defined in the HR Manual. Follow the HR Manual and you'll know how to proceed.
On the suspension - the resignation is a formality for the employee to save face. There is no notice period during the suspension of service. For a company like yours, best to accept his resignation with immediate effect and issue a relieving letter that mentions he was being suspended for reasons of attendance, timings,etc and since he tendered his resignation, it has been accepted with immediate effect and he's relieved of his duties.
A lot of other posters will claim that we need to study his reasons for coming late and counsel something on similar lines, but that's a moot point - the employee was warned multiple times and if he hasn't changed yet, he never will - easier to let him go now and set an example of discipline.
Hope this helps.

From India, Mumbai
Thank you for such feedback. but is there anything more to do with notice period? as employee is forcing to give notice.
secondly, how to do his FNF.
Third, on his appointment letter, 45days NP was mentioned during probation, is this eligible for him..
Bets Regards

From India, Mumbai
MSR: Technically, his suspension needs to be completed and he needs to be reinstated and can then put down his papers. In this case, I would recommend you table his suspension, accept his resignation [get the head of the HR / director or promoter of the company to allow it as a special exemption] and then request employee to serve his notice period and then exit.
Should you [or your firm] want to terminate him, and since you have all grounds to, please return his original resignation and send him a letter stating he has been terminated on grounds of non-performance.
Hope this helps.

From India, Mumbai
Okay. but in this case, HR has already accepted his resignation and told not to come WEF tomorrow onwards. shall the HR call him and handover the termination letter and his FNF settlements? (salary)
From India, Mumbai
Once the resignation is accepted by the HR then how can you issue a termination letter after that, please prepare his FNF and settle it and relieve him
From India, Ahmadabad
Yes saji That means he has to serve 45days NP. Plz suggest. Regards
From India, Mumbai
He doesn’t have to serve a notice period. If his resignation has been accepted with 'immediate effect' , then there’s no need of a notice period.
From India, Mumbai
hi all, i appreciate your valuable comments.
but to make it simple, shall i prepare his FNF & relieving letter.
also his resignation was accepted normally & not with immediate effect. but on mails it is clearly mention that we cannot continue with him anumore.
So has the HR to pay him for his current month salary & 45days Notice salay also? thanks.

From India, Mumbai
The employer can relieve the employee with immediate effect if desired so, wherein the employer is not supposed to pay the Notice Period Salary for which he/she has not worked but has been relieved. The FNF should carry the salary till his last working day. Hope this cleared your doubts
From India, Ahmadabad

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