veeramvm
1

My employee resigned from his job and he is not ready to serve 1 month notice period. I want to send to circular for all employees to serve the notice period without any reason.

Can anyone please send me the draft?

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Vmlakshminarayanan
Sr.manager - Hr&admin
Veeramvm
Hr Manager

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Madhu.T.K
3769

Normally such clauses should be there in the appointment order/offer letter itself. In the absence of notice period clause in the appointment order, the same can be introduced only by sending a circular/ notice to all employees as prescribed under section 9 A of the Industrial Disputes Act. In respect of managers you can make it even without any official communication but giving a letter to the concerned employee stating that hence forth your notice period will be one month/two months/three months but in respect of others who do not have any managerial powers, the notice period like any change in the service conditions would require common notice as per law.

The most important thing to be noted is that in order to terminate an employee the employer is expected to give notice but no where in any Labour Act it is mentioned that an employee should give notice if he wants to leave a company! That is why the fourth schedule to ID Act which describes the changes in service conditions requiring notice does not contain notice period. But in practice notice period has been recognised as one of the service conditions. Therefore we can try that. Otherwise,you may have to get a Standing Order drafted and certified by the labour Commissioner. Therefore, if the workers object to the notice (to be issued under section 9A of the ID Act) then you will have to drop the matter.

The format as per Industrial Disputes (Central) Rules is attached.

From India, Kannur

Attached Files (Download Requires Membership)
File Type: docx Form E (9A Notice-Central).docx (12.6 KB, 22 views)

vmlakshminarayanan
385

Hi,

Why that particular employee refused to serve 1 month notice period ? on what grounds ? Do you have notice period clause in your appointment letter ?

By refusing to serve agreed notice period will lead to forfeiture of proper relieving and result in termination.

I suggest not to circulate about notice period all of a sudden which might spread negativity. Rather during one to one discussions explain employees about importance of notice period indirectly.

From India, Madras
veeramvm
1

In our Appointment Letter we already mentioned for temporarily Employee 15 days for confirmation employee 1 month notice period. But employee got an offer from another company and he is not ready to serve his one month notice period. in this case what is my next step.
From India, Bengaluru
vmlakshminarayanan
385

Hi,

You can insist for proper notice period. explain him that proper notice period will help him to get proper relieving. Alternatively if your Management is ok with one month pay in lieu of notice period then you may provide him that option. However it would become a precedent. Hence be prudent on your decision.

From India, Madras
saswatabanerjee
2324

If the employee does not serve notice period, then as per law you can take legal action to recover the notice pay.
Beyond that there is little you can do.

You may do some more things like not give a relieving letter, not issue experience certificate and give negative feedback in background verification. But each of those have their own problem and in any case, does not really solve your problem of lack of notice. All it will do it get you petty revenge.

Please consider the financial and Employee Relation impact of both courses of action.

From India, Mumbai

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