How Can We Encourage Employees to Serve Their Notice Period Before Leaving?

Hi all,

There is another issue that we have to deal with on a regular basis. Employees want to resign and get relieved immediately or on the same day they resign. How can we ensure that they do not make such a decision? If we do not allow them to leave due to some serious reason, they simply take leave, join a new company, come back, and then leave again.

My question here is not about stopping them. Everyone has to progress, and if he or she feels that it would be better in a new company, then let's respect their decision. However, at the same time, they should not leave without knowledge transfer or completing tasks.

I hope this time I get complete support and guidance to build a place where employees stay and move on a good note.

Thanks,
Falguni

Dear Falguni,

You are right; it is a critical issue faced by all HR Managers. In our organization, the notice period is three months, and of course, it has become a major issue for me. But in my opinion, the notice period should be served. This will help both the employee and employer. The employee will not lose his money in lieu of the notice period and his reputation too, as the person gets enough time to hand over the things properly. On the other hand, the employer will get at least some time to search for a suitable replacement. Also, in my opinion, the notice period should not be more than one month, and the employee who is leaving should not be allowed to take any leave during this period.

I expect more views on this issue.

Thanks and regards,
Sreekanth

Hi, I agree with Sreekanth that an employee who is leaving should not be allowed to take any leave during the notice period. The employee needs to adhere to their notice period according to the length of service.

Regards, Sochenda

Dear Falguni,

I also agree with the other two members that the notice period should be served. This is because if an employee leaves without serving the notice period, it becomes difficult to hand over the role and responsibilities and also to find a replacement for the employee who is leaving. At least one month's notice period is fair enough.

Regards,
Himani

Actually, this is an HR person from the offering company who plays spoilsport. They ask candidates to join within a day or week. All HR personnel need to come together and follow certain guidelines the way doctors are supposed to follow some guidelines.

There is another angle to the notice period - the reputation of the company. If an employee gives notice and the company does not pay them upon leaving or tells them to "come after a few days to clear all dues," what then? Obviously, good companies and good employees are more responsible, and this policy will thus be company-specific. Bonds/contracts are mere papers, and small companies/their employees will not take them seriously.

Let me tell my views.

The HR persons are not asking all types of staff to join within a day or two. There may be exceptional cases. Let us assume that an accountant has left his company without serving proper notice, what should the HR person do? Do you mean to say he should give an advertisement, conduct the interview, finalize the formalities in one to two months' time? Is it practically possible?

You should understand who started the problem. It started because the Accountant stopped coming to the office without giving notice. Then why should you blame the HR person? This is applicable to any responsible post/person, not only for an accountant. Everyone should realize their responsibility while joining and relieving an office.

No one is holding anybody from switching over to companies. Based on one's presence, only some tasks/projects/activities are planned and decided by the management, and they work on that. Suppose in between the project, if someone is left abruptly, then who is responsible for the delay in completing the project? How much is the financial/time loss? Who is answerable to the client? What about the image of the company? No one realizes all this.

Just because some companies offer more salary or some of the friends are working there or somebody has referred the company and so on. It is ridiculous. Everyone is getting their future employment based on their present employment only. Just because of the fact that one is already employed and working for somebody and have gained some more knowledge and experience by working in that company.

Let me see anyone getting any employment by sitting at home without any employment for two to three months even though he/she may be in possession of lots of knowledge and experience.

Kindly keep one thing in mind. Someone's ex-employer might have been the worst ever character. He/She might have squeezed every staff. He/she may have betrayed more than what they have promised.

They might have paid very little salary.

They may not have deposited one's PF deduction which was deducted from one's salary to the PF authorities. blah blah, etc.

Still, he/she was one's boss and who employed that one. Just because of his/her acts, one wants to leave that company abruptly without serving the proper notice period with the intention of punishing him/her. In my opinion, that is a total betrayal and is equal to that of anti-nationalism. That is all.

Because I strongly believe that my present employment is the reward I got based on my past employment. So under any circumstances, no one should leave their present employer without notice period. As we look for an alternate employment, He/She should also be allowed to make an alternative arrangement irrespective of the fact that He/She may be the worst ever mankind in the world.

Regards,

S. Kumarasubramanian

Hi All,

Thank you for your response. Although we all have the same level of thought, something is still wrong, and people leave with no time. I also agree that HR is in no way responsible, but HR can always help to stop this.

Now, coming onto employees, tell me one simple thing: if any one of us gets a job in our dream company (assuming all have a dream company) with a good package, and they have a condition that we have to join in a short time, do you all think we will stop and say, "Please wait till I finish my notice period"? I hope not.

We should always try to convince the new employee and ask them to talk to HR, while also trying to get in touch with HR to find out if it's possible to hire him/her in the time we need. HR should not feel bad with this call and with the employee.

Now, my question is: why do people change all of a sudden? What is going wrong that they need to move in the middle of a project and join a new company?

Yes, during the notice period, no one is allowed to take leave. If he/she takes leave, then what do we do? Just a simple talk and go ahead? Or shift the notice period to that extent of leave he has taken.

Waiting for your replies.

Thanks,

Falguni

Dear Falguni,

You are absolutely right that HR is in no way responsible for an employee leaving without serving the notice period. But we can stop this, but for that, coordination is required between all HR professionals. I don't think it is a practical thing, but if everyone is ready to agree to that, we can give it a try. Of course, some cases should be exempted from this, depending on the demand.

If an employee takes leave during his notice period, the NP should be extended to that much period. If all HR persons agree to do this, surely we can reduce the aftereffects of this problem.

More reviews please.
Sree

Dear Falguni,

The concept of serving a notice period is very helpful for the employer. If an employee exits without giving any notice period, it will affect the smooth function of the company/organization. But I think, keeping in view the present scenario of the booming job opportunities, the notice period can be reduced to 15 days, which I think is more than sufficient for HR to make alternate arrangements or find a suitable replacement.

An employee who resigns without serving the notice period should not be paid the full and final amount, and also should not be given the experience certificate. At the same time, it has to be made mandatory that the new company should not offer the job until they receive the relieving letter from their previous job. They must also consider that someone who has not served the notice period in their previous job may likely repeat the same behavior in their new company as well.

Regards,
Omar

Hi Falguni,

The basic issue seems to be 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 scot-free, others will follow suit.

To address this, the options are:

1. Make clear policy guidelines in case they 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 at least 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, and experience letters.

Employees observe the fairness of actions on the part of the management and act accordingly. If an organization intends to cheat 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 personal and organizational. Both have to act responsibly. HR is a facilitator and/or a department ensuring that employees comply with 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 is another way of approaching the candidate to leave the organization without serving the notice period.

Now in the market, Candidates who are running on the notice period in parallel run with multiple offers, one offer could be a tool to get more offers. Should HR follow ethics or should the management or candidate do the same...???

IF EVERYBODY FOLLOWS ETHICS, PROFESSIONALISM, ATTITUDE... the issue can be reduced.

Comments are expected from members...!

Regards,
Shekar

As for legal aspects, it is a contract of employment and like any other contract, it can be discharged as per terms and conditions. Normally, in the appointment letters, the provision of a notice period or salary in lieu of notice period is stipulated on both sides. One party, without giving the notice period, has to compensate the other as per the appointment letter. When an employee gets a better job, it will be natural for them to join the new employer to promote their career. The employer, on the other hand, will like to retain the employee for some time so that alternative arrangements can be made.

The hard fact is that employers, at times without caring for the interests of the employees, discharge employees as per the terms and conditions when they don't require them anymore. However, they expect the employees to wait until alternative arrangements are made.