If An Employee Is Not Following Rules During His Notice Period - CiteHR
Mahr
Head - Human Resources
9871103011
Private Consultant On Labour Laws
Sagarmali
Hr Executive
+2 Others

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Hello All,
If an employee is not following rules in notice period also then what to do? Can we pre-pone his last working date? If yes, then what things should mention in email? OR Which action management can take against that employee?
Please suggest.

Hello All,
If an employee is not following rules in notice period also then what to do? Can we pre-pone his last working date? If yes, then what things should mention in email? OR Which action management can take against that employee?
Please suggest.

Employee serving Notice Period is subject to all rules and regulations currently mandated by the organization. Discipline is a factor during the notice period as employee feels he/ she has nothing to lose and wants to burn the bridges they have crossed.
If you pre-pone the Last Working Day, it sends a wrong message to your existing employees and all resigned employees will try to get LWD preponed henceforth in similar manner. This should be dealt with in an official manner, wherein you send a show cause notice to the employee and ask him/ her to revert within a stipulated time frame. The charges and penalties should be akin to an existing employee and only clause you might add for a resigned employee would be adjustment of his leave accrual, unauthorised absenteeism etc with his Full and Final settlement amount.
In most cases, financial impact may lessen the disciplinary issues you are facing.

Dear Pooja ji,
It seems to me that the employee has submitted his resignation and is under notice period. It needs to examine as to what is the stipulations for submission of resignation in his appointment letter, company rules or certified standing orders. whether the management has accepted his resignation?. If not, acceptance of resignation may withhold and it may be conveyed to him in writing. If he is not following the company rules, you can start disciplinary action against him and withhold his relieving order till its finality.
BS Kalsi
Member Since August, 2011

Dear Ms Pooja, Call the employee and convey him that if you are not behaving properly, it will reflect in your experience certificate. Vilas
Hi Pooja, It's depend on employment contract of employee, in case contract talk about payment of short fall of notice pay then you may recover the shortfall of notice pay from F&F or may ask employee to pay in advance but can't force employee to server complete notice period. And in case, employee agreed to serve notice pay /LWD and then absent from duty in that case absconding process can be initiated.
Pooja,
This is a common issue which happens in many organizations. The attitude of some employees after resigning seriously hikes up. Speak with his immediate supervisor or manager and collect the necessity of this employee's presence in the organization, including the KT, etc. Call this employee along with his manager/HOD and ask him the reason why he is not adhering, post that you can give him a verbal warning stating that if he continues his act then the company would terminate him before his notice period and he would be given a termination letter and not according to the regular process. He might spread this, however I have tried and nothing more can help us tackle this situation. Trust me this works.

pooja, take an corrective action for that employee like you extend his notice period.and warn him/her for behaviour if not follow the rules take an corrective action.
Ms. Pooja,

Greetings .......

Details that you have provided while seeking an opinion is not sufficient. I have following questions and request you to reply those to your own self and I am sure you yourself would be able to find a solution to problem.

1. Has the person resigned from the services or has been terminated for certain reason?

2. If he has been asked to quit there must be an unpardonable mistake committed by him. Is he solely responsible for the mistake or has someone instigated him to commit it. In that case the person instigating must too be punished.

3. In case he has resigned what is the reason behind it?

4. What is his service life record? Has he been obstinate throughout?

5. It is said that one can not ride an unwilling horse. Has he been explained consequences of his unwillingness by HR?

6. What work has he been handling some very important assignment in his department that does require handover & takeover? if not, why has he been asked to serve the full notice period?

7. Human Psychology says on one is born-bad and if one is behaving erratic, the irritation must have been caused to him. Do you see any reason for erratic behavior?

I am sure now as you have answers to all questions, you are able to find a solution to problem in hand.

Regards,

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