Umakanthan53
Labour Law & Hr Consultant
+1 Other

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Hi All, Can someone elaborate, if the Employee who is serving notice period be forced by his/her manager or HR to work on something new project or say some changes in the project he/she was a part of before resigning. Or if the employee can just focus on making the handover and just help the guys in performing the changes instead of doing each and everything on own.
Dear friend,
The term "work" is normally a simple word denoting one's activity and as such in employment parlance, it means the assigned task to be completed by an employed person subject to the supervision, control and satisfaction of his employer. But, in some situation like the one mentioned in your post, the meaning of the term "work" gets convoluted or more twisted with perceptual differences arising out of subjective considerations.
Notice period is the predetermined continuous stretch of compulsory service comprising of certain days or months just prior to the agreed date of termination of the employment contract between the employer and the employee concerned. Therefore, it would automatically imply that the employee has to perform the normal duties attached to his position during his working hours only. However, the phrases " normal duties" and " working hours "cannot be precisely defined. "Normal duties" may indicate the usual work of a particular nature attached to the role and " working hours" the predetermined hours the employee is to be at the disposal of the employer. Unfortunately for some obvious reasons, during the phase of notice, either the employee or the employer or at times even both become self-centered.
The employee who is on the eve of notice should be more conscious of his normal duties than the formalities of hand-over of charges and working out his F&F settlement and the employer should also permit and facilitate the out-going employee to prioritise his work with ease and peace. No one should have any hidden agenda about the mutually agreed separation so as to make it sore and painful.

In addition to what Mr.Umakantan so nicely explained above, I just add that the employer-employee relationship during the notice period still subsists with all the attendant rights and responsibilities of the employer and the employee that fall within it's scope. The outgoing employee is still subject to employer's control and has no choice to decide what he should do and shouldn't do.However prudence shall guide the rights and responsibilities of both the employer and the employee during the notice period in a such a way that the taking over and handing over of the work and the exit of the employee happen smoothly.For this purpose, the employer, the outgoing employee and the one substituting him shall sit together and prepare road map to achieve this objective.
B.Saikumar
HR v& Labour relations Adviser.

Dear Friend,
Beyond all the valuable points by seniors,notice period is also is a time frame to patch up any gaps existing between employer and employee for possible continuance in services be each other.
Regards
Vamsi Krishna

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