Struggling with New Hires Leaving Early: Can We Legally Ensure They Stay Longer?

Dear Sir,

How is it possible for the company to retain our new employees for a longer duration? We are facing a problem. A few of the employees who joined 2-3 months ago have left the company without following the notice period mentioned in the Appointment letter. They just send an email after receiving the salary of the last month and do not come to the office.

Is there any legal step that can be taken? Is signing on a bond paper legal or illegal?

Please reply.

Regards,

Dear Ranjan,

You have not provided enough detail about the scenario for me to offer precise advice. It is essential to understand the size of the organization, the staff's level you are concerned about, and other relevant information. Please refer to the posts at https://www.citehr.com/438956-employ...-download.html.

Thank you.

Situation of employees leaving after a year of service is not abnormal, but if they leave within a few months, it gives other negative signals. Employees leaving shortly raise a few queries, and your company has to do some introspection.

Sample Questions for Introspection

1. There is a popular saying: “People do not leave a company or organization, but they leave their bosses.” Is it true in your company?

2. What about the working conditions in your company?

3. What about the wages paid in your company compared to other similar companies?

4. Does your company pay wages on time?

5. Do you ask your employees to work longer hours without monetary compensation?

You can create your own questionnaire and get the answers.

Regards,
V. Raghunathan

The reason for leaving is very critical to understand:

1. Monetary gains - You may tell them about the benefits and growth your company is offering in terms of role and additional increments, which would help them evaluate opportunities better.
2. Job Dissatisfaction - You'll have to dig deep in this case. Is it because of role ambiguity, relations with superiors, organizational culture, or the work environment? This may be an early warning for you. Please elaborate on the situation so that we can help you better.

Regards,
Satpreet Kaur

Addressing Employee Retention and Legal Concerns

Further to what other members have mentioned or suggested, I find your last line a bit amusing: "Is there any legal step possible to be taken? Signing on a bond paper is legal or illegal!"

Let's assume, for the sake of argument, that a bond is legal in India (which it isn't, UNLESS it's related or linked to some specialized training).

Now what? You get the employees to sign bonds and ensure they stay (please note that there will always be those who will find ways to beat this rule too, which CAN include dragging the company to court) for 12 months or any other period.

But as HR (which I presume you are), is your job done IF they stay for a period of time OR is it done IF they are productive during their stay in the company? The choice is YOURS.

Focusing on Productivity and Workplace Environment

And how does productivity come about? Surely not by getting bonds signed. I suggest focusing, as Nathrao and others have mentioned, on making this an interesting place to work. Please note that there are ways to balance low salaries too, IF this has been a stumbling issue (as it is in most small companies).

Right now, you aren't even sure of the reason(s) for this situation (all you mentioned is that this situation exists, which frankly is surely an important step - that of recognizing that there's an issue) and you seem to be looking for solutions.

Identifying Root Causes and Solutions

Put your efforts into FIRST identifying the root cause(s) and THEN think of the most apt solutions. Actionable solutions are bound to come once you get to know the causes.

Engaging with Departing Employees for Insights

The BEST people who can give you accurate and realistic insights into the causes would be those who have left or are leaving. BUT... and this is a BIG but... you have to be seen to be transparent and fair when you are inquiring from them. The moment they 'feel' you are 'using' them, you know what they tell you.

In a nutshell, so far you have been viewing such employees as a 'part of the problem'. Now begin to view them as 'part of the solution'.

All the Best.

Regards,
TS