Insolvency n GST Professional

Presently in this case,let him go at the earliest.
Deduct pay for days of absence.
Does your appointment order say no leave during notice period?
It is not worth wasting time on punishing this employee,but at same time silence will/may encourage other employees to take advantage.
So keeping a holistic view and also that your CEO is not in favour of tough line,just deduct pay and let a smooth handover be done.

From India, Pune
Nagarkar Vinayak L
HR and Employee Relations Consultant

Dear Madam,
In your first query, you had stated that as per company policy no leave is permitted during the notice period.
In your second, post, you stated that , any absence during the notice period, is treated as LOP or adjusted against balance EL.
It is not known what made you not to state this policy upfront in the first post.
Now that you already have policy in place, all you need to do is to act accordingly.
Please avoid getting vindictive because the concerned employee complained against you to your CEO
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Dear Nagarkar Vinayak,
"Now that you already have policy in place, all you need to do is to act accordingly."
That is why i posted my query to get suggestions from my seniors like you who have better experience then me.
"Please avoid getting vindictive because the concerned employee complained against you to your CEO"
I will take your advice seriously.
As I am HR not a kid who will be vindictive. I am here to make the system organised not to make it rancorous.

From India, Gurgaon
Dinesh Divekar
Business Mentor, Consultant and Trainer

Dear Surbhi,

In one of your earlier posts, you have written "And answer for this is, i have already had words with him but because his attitude is not right he remained same. About that he complained to CEO that i have not the way to talk."

The members of this forum are outsiders and do not know what exactly happened when you had a word with the employee on his absence. Nevertheless, let me decode this cryptic message.

We the HR professionals are required to keep the organisation's interest in mind. Occasionally, it conflicts with the employee's personal interest. Against this backdrop, the employee could make a complaint against the HR professional. However, under such circumstances, HR personnel are required to show patience and not to take the complaint personally. Because of such complaints, HR's job becomes a thankless one.

However, when you had called the employee to discuss his absence, how did you counsel him? Did the employee complain to the CEO for questioning the absence or the way he was questioned? To handle such cases, HR professionals are required to master counselling skills. Did you implement the principles of counselling while counselling an employee?

The skills that support counselling skills are listening skills, questioning skills and interpersonal skills. The usage of these skills plays a vital role in the method of counselling.

Therefore, you may recollect the incident and write it down. Thereafter, you may read articles on the counselling skills and check whether the counselling was done as per the procedure or was there any flaw. If you are able to identify the flaw then you may take the corrective steps to overcome the flaws in the future counselling sessions.

All the best!

Dinesh Divekar

From India, Bangalore
Dear Dinesh Divekar,
Thank you for your guidance.
I had a discussion with him in front of CEO.
I listened to him, answer his questions and even apologize by saying that if he got hurt or something then i am sorry but my intensions were not to hurt/demotivate you.
Still he kept his ego above.
And this employee is in any case not good for company because if company comes up with any new policy he is not ready to accept.
And if CEO questions him why, he says its your company you will run it as the way you want.
If we ask him where he is facing problem we are here to resolve he says you will not run it as the way i want.

From India, Gurgaon
Labour law & HR consultant

Dear Surbhi,
I think, being the HR of the organization, you have been caught in between an indecisive boss and an incorrigible employee. Certainly, it is a precarious position to a HR manager.
By going through the entire thread including the responses of Mr.Dinesh who is an effective and professional trainer and all the other gentlemen who are seasoned HR managers, what I am able to understand is that so long as the HR policy of an organization is not in conflict with any statutory provisions, the HR manager has to enforce the rules of discipline dispassionately i.e., in such a manner that only the misconduct is punished.
You need not rake up your brains to correct this exiting employee's behaviour or to prevail upon your boss to accept your corrective measures suggested purely in the interest of the organization in the long run.
Leave the final decision in the matter to the boss for we have to accept that the boss is always right!

From India, Salem
Umakanthan, Dinesh Divekar, Nagarkar Vinayak,
Please suggest :
can I relieve him early by giving him salary for the days he worked?
Example in 30days notice, he worked only 10 days
So can I relieve him by giving him, only 10 days salary excluding his absence of work which is LOP?

From India, Gurgaon
HR Manager

You may relieve him by paying the days he has worked and deducting the pay for days he has not worked.
On going through your various explanations, I infer that it is purely waste of time and energy to deal with such an indisciplined and egoistic employee.
Let him go out and you may simply show him the path!

From India, Aizawl
Dear Rkn61, Are you sure i don’t have to give him the salary of rest of the days as i am relieving him?
From India, Gurgaon
Nagarkar Vinayak L
HR and Employee Relations Consultant

Dear Madam,

If I have understood it correctly, the concerned employee has resigned by giving 30 days' notice during which he absented himself from duty on some days which is against the terms of the appointment letter.

Since he has resigned and as per your policy for non- worked days during notice period, you can treat is as LOP or adjust it against EL, I don't see any merit in relieving him early. Particularly, when some time has elapsed out of 30 days' notice.

It may be better to let his notice period come to an end after which you can take action of settling his dues considering all relevant factors within the company policies.

I suggest not to precipitate the matter by the proposed action of early release. As a first preference, obviously, let it be smooth seperation.

If he continues to act difficult, you may hold his dues/ release letter if thought appropriate and deal with him during BVG check.


Vinayak Nagarkar

HR and Employee Relations Consultant

From India, Mumbai

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