PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Business Mentor, Consultant And Trainer
Industrial Relations And Labour Laws
Doctor Siva Global Hr
Retired Government Servant/advocate
Plant Hr Head
Ceo And Md Of 3 Uk Based Mnc's
Dinesh DivekarDear member,
Each employee must devote to his/her duties wholeheartedly till his/her last working day. The clause of the notice period is inserted in the appointment letter so that the company gets breathing time to arrange the replacement. Nevertheless, it is incumbent on the employee to meet his deliverables. If the employee is falling short of his/her duty whether during the notice period or otherwise, the administration of the company reserves the right to initiate disciplinary action.
Therefore, you may counsel the employee to continue with his contributions toward the development of the company. Tell him that at the fag end of his tenure, the company does not expect any unsavoury incident that could leave bitter memories.
However, you also mentioned in your post that the resigning employee has refused to interview the job candidate. Is conducting interviews part of his Job Description (JD)? If not, then some senior authority could have taken the employee into confidence and asked him to involve himself in the recruitment of his replacement. There appears to be a communication gap. This communication gap could be a result of the mental gap also. Possibly malaise lies there.
Is the employee doing his primary duties or not? If the employee is not performing his primary duties also then it merits strong action. It will send the right signal to all other employees who may quit in future.
From India, Bangalore
Madhu.T.KYou may issue a show cause notice for his dereliction of duty and ask him to explain why he should not be dismissed from service for his misconduct of not doing any work, insubordination, dereliction etc etc. Tell him that if he is not cooperating with selection and induction of new candidate to his place smooth handing over will not happen. That will certainly be put in the relieving order and background verification.
From India, Kannur
Such scenarios are common in the today's working world, where when the Talent is coming to " Good bye mood" and submits paper, then they stop working. This is not correct unless some serious health issues are there. If this is a result of " Attitude" the management has to give all the pending work he has to complete before relieving and mention that the relieving is subject to the completion of the reasonable list of jobs pending with the Talent. This can be documented and every two days once a review can be done on what is done and what is pending. If nothing moves once in 2 days issue fresh letter of pending work to such talent and document. We had a similar case and we documented the lapses and upto the relieving date he had not complied. Then we took a call and relieved the talent on the completion of notice period with a mention that he had not done any work during the notice period and hence the 3 months salary will be adjusted in the Full and Final based on the principle " No work No Pay". We recovered and relived as stated. Later he filed cases but he could not establish anything and last in the job market by loosing his credibility too. This experience sharing might give you some insight to you to decide on your further steps in similar cases.
From India, Chennai
Harsh ShuklaWith all respect to the very good advice given by members above, my approach would be slightly different.
Where the employee is in "Good Bye Mood" and is not doing any work, then he/she is no longer an asset to the company. Therefore, you can ask that all pending work that cannot be transferred to another employee, must to completed, under strict supervision, during the notice period, upon such completion of the work, the employee can be placed on "Garden Leave".
Garden Leave means that the employee does not need to come into the office and can stay at home, however, the employee must make themselves available either by phone or personal attendance. During this time the employee is not allowed to work elsewhere, if they do they will lose their notice period pay. The Garden Leave can be from day one or partial.
This is an approach that ensures commercial viability, without incurring avoidable costs and leave HR to continue their daily work.
In any case, the employee leaving should never be allowed to interview their replacement!!
I appreciate that this approach is not suitable for all employees in all sectors, but I hope the above gives some food for thought.
From United Kingdom, Barrow
email@example.comYes, "No work, no pay" is a sound principle in dealing with such cases of mischief. It cannot be said that any employee has vested right to earn without doing any work. In public service, dies non is statutorily recognized and could be adopted even when does not perform the work allotted, even though present in the office.
From India, Kochi
ommygautamAs such, it shows that the employee is completely negligent and not responsible towards his duty and that of the company. In such a situation, the company should accept the notice period given by them with immediate effect and relieve them. Because the notice period means that the employee is informing the company that he will not be available in the company after the stipulated notice period, but it does not mean that he will not work.
Second notice periods means working for the number of days shown in the notice period or the salary paid for that period and is applicable to both. Meaning if the company thinks that it would be right for the company to sack the employee immediately, then it pays him a salary equal to the notice period because it is believed that the longer the notice period will take for the employee to find a new job. Conversely if the employee gives notice, it means that he will work with full responsibility for that period and he is informing the company that during that period the company should find another person for that work. But you get paid only for the work done and not for the behavior shown by you. That is, in both the cases the notice period will be followed responsibly by the company or by the employee.
From India, Rudarpur