Notice Period - Not Served

Hi Falguni,

The basic issue seems to be as to how to make resigned employees serve their notice period.

The issue is based on :

1. Organizational Policy on the matter and its effective communication to

the employees

2. Appointment letter and clarity of terms of employment

3. Organizational culture, work norms and practices

Employees tend to follow past practices and Company norms. If employees in the past have not served a notice period and have gone scott free, others will follow suit.

To plug this the options are :

1. Make clear policy guidelines in case the don't exist and communicate

that effectively across the organization

2. Set terms of employment (i.e. notice period or payment in lieu thereof)

in clear terms for the employees to understand properly

3. Take some punitive action in atleast one case so that others fear the

consequences of breach of contract

4. Be fair and objective in settling full and final dues quickly and issuing

settlement details, relieving & experience letters.

Employees watch fairness of action on the part of the management and act accordingly. If an organization intends to cheat on employees or has done so in the past, employees take their salary at the end of a month and then resign and disappear.

So, the reasons are both ways, personal and organizational. Both have to act responsibly. HR is a facilitator and/or a department ensuring that employees comply to set guidelines, rules and policies.

Regards,

Rahul Kumar

Hi All,
Add on queries...
Most of the companies are ready to purchase the notice period....! where HR's Expect to Join ASAP its other way of Approaching the candidate to leave the organisation with out serving the notice period
* Now in the market, Candidates who so ever running on notice period parallel side they run with multiple offers , one offer would be tool to get more offers..
HR's has to follow ethics or the management or candidate has to do the same..???
IF EVERYBODY FOLLOWS ETHICS, PROFESSIONALISM, ATTITUDE.....the issue can be reduced..
Comments expecting from members...!
Regards
Shekar

AS FOR AS LEGAL ASPECTS ARE CONCERNED IT IS A CONTRACT OF EMPLOYMENT AND LIKE ANY OTHER CONTRACT CAN BE DISCHARGED AS PER TERMS AND CONDITIONS. NORMALLY, IN THE APPOINTMENT LETTERS, THE PROVISION OF NOTICE PERIOD OR SALARY IN LIEU OF NOTICE PERIOD IS STIPULATED. IT IS ON BOTH SIDES. ONE PARTY WITHOUT GIVING THE NOTICE PERIOD HAS TO COMPENSATE THE OTHER IN TERMS OF THE APPOINTMENT LETTER. WHEN AN EMPLOYEE GETS A BETTER JOB, IT WILL BE NATURAL FOR HIM TO JOIN THE NEW EMPLOYER TO PROMOTE HIS CARRIER. THE EMPLOYER ON THE OTHER HAND WILL LIKE TO RETAIN HIM FOR SOME TIME SO THAT ALTERNATIVE ARRANGEMENT CAN BE MADE. THE HARD FACT IS THE EMPLOYERS AT TIMES WITHOUT CARING FOR THE INTEREST OF THE EMPLOYEES ON ONE PRETEXT OR THE OTHER DISCHARGE EMPLOYEES AS PER THE TERMS AND CONDITIONS AS THEY DON'T REQUIRE THEM ANY MORE, BUT EXPECT THE EMPLOYEES TO WAIT UNTIL ALTERNATIVE ARRANGEMENT IS MADE.