mandarindianDear Team, Need you suggestion on below matter:
One of the employees had given a resignation and mentioned that he will serve 30 days notice period. As per the policy (which is not yet finalized and approved by the Management) he needs to serve 2 month's notice period as he is a senior person.
Need to know your views in this case... here the immediate boss has not yet replied to the resignation mail (accepted or rejected), also need to know whether the employee can leave the organization in 30 days.... or he needs to give 2 months notice period?
What action can management take in this case?
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Sr.manager - Hr&admin
What ever agreed notice period as per appointment order terms is valid and any future proposal will not bind the employee. Based on role and responsibilities if the Management requires extended notice period, you can make a request to the employee for the same and whether to accept or not is his /her discretion. Resignation acceptance is a internal process and that has nothing to do with the notice period. So employee has the right to leave after 30 days notice period.. only thing Management may prolong his full and final settlement but cannot hold. Also many employers tend to give negative feedback incase of BGV , where separation is not smooth.
From India, Madras
rkn61Please refer to the separation clause mentioned in his Offer of Appointment and the notice period mentioned in the Appointment offer shall be binding on him. You may go ahead, as per this.
Your post says " As per the policy (which is not yet finalised and approved by the Management) he needs to serve 2 months notice period as he is senior person.". As the policy is not yet finalised and approved by Management, the resigned employee need to adhere to this. Moreover, if any clause are modified or service conditions are changed, such changes shall take into effect prospectively
(that is employees who will be seeking separation post finalisation of such modifications) and
employees who have already sought separation, shall not be subject to such changes
From India, Aizawl