The replies to the case study are as below:
Case 1: - For a probationer and too a person who is frequent absentee, one who plays tricks; why HR was so sympathetic is not understood. Secondly, case study is little contradictory with the general employment conditions. Generally, there is no notice period for probationers. Till the employee is confirmed, employee can quit employment with day's notice or employer can terminate the employment with just day's notice.
Secondly, if the HR showed sympathetic view then why HR did half job? What is the logic of accepting resignation, waiving of the notice period but withholding the relieving letter?
Case 2: - HR can order domestic enquiry for the abandonment of employment. If the misconduct during the enquiry is established, then management (not HR) may terminate the employment of the employee. HR may issue the relieving certificate with with remarks as "Services Terminated because of Abandonment of Employment".
When the due process of law is followed, employee cannot object for the issue of such certificate.
Case 3: - For the abandonment of the employment, domestic enquiry should be ordered. Employee can depose before the enquiry and explain his position. Depending on the tenability of the grounds provided for the absence from the duties, management may take action accordingly.
By the way, if the ailment of the employee was too severe, then why some HR personnel did not visit the hospital? Why nobody visited employees home? Personal visit always helps to assess the ground situation.
Final comments: - In the all the three situations, overall HR appears to be weak and not acquainted with the procedure of handling discipline. We do not know whether all the three situations happened in the same company or in different companies. Either way, by reading the case studies, it appears that the culture of the company is such that employees dictate the terms. While running administration, management must have whip hand. Those who break framework of discipline must be dealt sternly. It sends a message to one and all.
With this unwanted pliability or accommodativeness, companies can never grow. Such type of HRs doom their company, their personal career and bring bad reputation to the HR as a whole!
19th July 2018 From India, Bangalore
I fully accept your comments except in case number 1.
Now a days most of the appointment letters are having notice period mentioning minimum one month or 15 days or 7 days during the probation period. Based on this clause, HR may terminate the employee on completion of mentioned notice period as per the terms of appointment based on the finding facts or genuineness of the case.
19th July 2018 From India, Hyderabad
On review of your comments:
1. HRDs have some constraints in startups and private concerns
2. Only documents speak. That being the case if a report is produced by the employee, and even if the HRD knows it is untrue, still they cannot do much.
3. Most companies recruit in good faith, pay salaries correctly. Still, attrition seems to be a challenge
23rd July 2018 From India, Chennai