Employee Resignation: Can We Relieve Him Immediately Without Notice Pay?

Today, one of our employees has resigned from his job and is ready to serve a one-month notice period. However, we want to relieve him today itself. This is because he has not been a good resource for the company; most of the time, he has gone against the company's policies. We have taken disciplinary action against him, including extending his probation period, but despite these measures, he has remained the same.

Please suggest how we can relieve him today. Will he be paid for his notice period or not?

Please reply as soon as possible.

Parul

Hello Parul,

What is the guy's salary? You don't want him due to his not following the policies... now, do you want to do the same thing? Two wrongs don't make one right, Parul. He wasn't fair, but what are YOU trying to do? And what's your priority #1? To see him off or to save a little money?

One more thing. Based on what you mentioned, in all probability, he will go out and spread the news that he wasn't given the notice period salary. Can you stop him from doing that? Who will be the sufferer in the long run if this happens? I have seen quite a few companies getting affected adversely for this very reason. Just because the guy did wrong, I don't think you should repeat it too... Just pay him and see him off and get on with your work.

Regards,
TS

Hello Parul,

What is the guy's salary? You don't want him due to his not following the policies... now, do you want to do the same thing? Two wrongs don't make one right, Parul. He wasn't fair, but what are YOU trying to do? And what's your priority number one? To see him off or to save on a little money?

One more thing, based on what you mentioned, in all probability, he will go out and spread the news that he wasn't given the notice period salary. Can you stop him from doing that? Who will be the sufferer in the long run if this happens? I have seen quite a few companies getting affected adversely for this very reason. Just because the guy did wrong, I don't think you should repeat it too... just pay him and see him off and get on with your work.

Regards,
TS

Hi Parul,

Greetings! I have heard so many cases that are exactly the same as yours. But don't ever forget that as a professional HR, we are bound by policies. An HR professional serves as an ambassador of the company to its employees and as an advocate for employees within their company.

In your case, it is his legal right to be given a notice period since it is a policy. If you wish to terminate his employment immediately, the ultimate solution is to buy out his notice period. I hope this information is helpful.

Have a nice day ahead!

Marvin

Hi Parul,

Greetings! I have heard so many cases that are exactly the same as yours. But don't ever forget that as a professional HR, we are bound by policies. An HR professional serves as an ambassador of the company to its employees and as an advocate for employees within their company.

In your case, it is his legal right to be given a notice period since it is a policy. If you wish to part ways with him immediately, the ultimate solution is to buy out his notice period. I hope this will help you.

Have a nice day ahead!

Marvin

Hi Sateesh,

Great insight!! Keep it up.

Parul,

You need to look into your rule book again for solutions. Has his probation been cleared? If yes, you need to pay the notice period. If probation is not cleared, no notice pay/notice is required. I cannot but admire Sateesh for his alertness in diagnosing your line of action. If the employee in question has been on the wrong side of desirable behavior during his stay, so were you as an administrator. Why penalize only the employee.

Hey there, I wonder how I missed the point that he is still on his probation period. This is what happens when you are in a hurry. Thank you, dear. Sorry to bother you all. Thank you for your time.

Hi Parul,

Greetings! I have heard so many cases that are exactly the same as yours. But don't ever forget that as a professional HR, we are bound by policies. HR professionals serve as ambassadors of the company to its employees and as employees' advocates to their company.

In your case, it is his legal right to be given a notice period since it is a policy. If you want to get rid of him immediately, the ultimate resort is to buy off his notice period. I hope this will help you.

Have a nice day ahead!

Marvin

Hey Parul,

It was KS Murthy who raised the 'probation' factor. So you ought to say thanks to 'KS Murthy'. And you are right....nothing worthwhile ever got achieved by getting into a rush.

Even the inputs you posted were misleading....you mentioned that the guy was ready to serve his notice period...which gave the impression that his probation was through. Got it? Maybe KS Murthy was repaying some 'karma' that he owes you by raising it even when the posting gave a different picture?!!!

Regards,
TS

When it comes to resignation, we all sail in the same boat, going against the employee.

You were told he went against the policies. Did you ever do a root cause analysis on why and what made him go against the policies?

On what basis did you find him not a good resource?

What made him stay with you even after giving repeated warnings?

It seems that even though he went against policies, he was in some way useful to you. Now that use is gone, so you decided to let him go.

How much importance do you give to bringing a person in compared to when he leaves or is asked to leave?

Please understand, all these are Human Resources, not machines.

In a way, you are right, Peer. But rarely are the reasons for resigning/firing evaluated in the open and unbiased way that this issue deserves.

In many companies, the actual decision to fire/accept is taken by the Line manager, not by HR. This is where the position of the HR person's word matters. If in a situation where there are only 1 or 2 HR individuals, obviously, whatever post-mortem is done to avoid a repeat of such situations is more theoretical than practical. The line manager ensures his word carries the day. Being a Line Manager myself at one point in my career, I know it's done, sometimes subtly, sometimes openly.

The only way HR can counter such situations is to ensure they remain up-to-date in their knowledge regarding HR policies, current practices outside the company, etc. When HR can't challenge the management with position or authority, the only remaining approach is 'knowledge.' I have done it myself and know that 'knowledge is power.' That's the only way HR can prompt the management to take steps to prevent such situations from recurring.

Regards,
TS

Dear Marvin,

Marvin is right. Settling his notice pay will not make the coffers of the company poorer. Even the most erring employee, when he/she exits, should leave contented despite the previous disciplinary issues. This is the essence of HR.

With Regards,

V. Sounder Rajan

E-mail: rajanassociateslawfirm@yahoo.com

Appreciate your response ....however what I feel is that when a person joins a organization and doesn't' abide to the companies rules and regulation then it means that he doesn't see his future in the company...he is just waiting for a right opportunity to come.
This is what was happened here......he was never serious towards his responsibilities and was affecting others also in his group...so we took the decision to relieve him in one day ....... as we were not sure of behavior during this one month of notice period.

You did the right thing, Parul.

And looking back, maybe you could have done it much earlier and in a better way too had you remembered the rules of the game better [his still being on probation... such category don't have ALL the flexibility that others are allowed].

Also, looking back, maybe this aspect of his... using your company as a one-night stand... could have definitely come out loud and clear even during the interview - if only the questions were asked appropriately to bring out the actual reasons why he wanted the job in your company.

Like Peer Mohamed indicated, this is also an opportunity for you to learn.

Regards,
TS

Hi Parul,

First, please review his appointment letter where the clause mentioning resignation is outlined. If it states a one-month notice pay, you can release him by paying the notice as he has resigned and management has accepted his resignation.

Jai Bakshi

Hi Parul,

You know better in which term resignation has been accepted. The fact is usually in companies, resignations are forwarded willingly or under coercion.

In the case where an employee willingly resigns from their post and offers the company one month's notice to appoint any person as their replacement, then it depends on the company how soon they will be replaced. If replaced within one month, then the remaining notice period can be waived off. It also depends on a good relationship with the company; sometimes, the company doesn't deduct a single penny from the employee and waives the entire notice period.

In the case where resignation is taken from an employee or they are asked to leave, then you must give them one month's notice either in written form or compensate their salary. It seems to me your case is similar to the second scenario.

Hi Parul,

Are you a qualified and certified Human Resources professional? I seriously doubt your eligibility for this position.

Rashid

Dear Parul,

Employee and the employer both have a mutual agreement for mutual benefit. Both should follow the right policies and procedures. If an employee is not following them, it doesn't mean that the employer should also act improperly.

I strongly agree with the opinions of other members. As an employer, we must pay the notice period as it is the right of the employee. An amount of money cannot replace the company's image and reputation. As an employer, we should never compromise our reputation just to save some money.

As HR professionals, our terminations should be based on ethical values, such as recruitment and selection. In the case of any disciplinary action, the compliance policy should be followed, and decisions should be made accordingly.

In the case of probation, notice is not required from both sides (employee and employer); hence, no notice period salary is necessary.

Rashid, what kind of post is this?

You are the one who claims to be an NRI looking for a position in India, and you have shown interest in one of my job postings here. I wonder if we have people like you in Cite HR. Please stop taking out your frustration on others. I didn't know that you are conducting validity checks on one's eligibility for Cite HR.

Dear seniors, if you can see this post, kindly submit your comments on such posts.