How Should HR Handle an Employee Resigning Without Serving the Notice Period?

Dear Seniors, I am working as an HR Executive in a small IT company located in Noida with 12-15 employees. According to the policy, every employee has to serve a 2-month notice period after giving their resignation. Recently, one employee sent an email of resignation stating they have found another good opportunity and cannot continue or serve the 2-month notice. Being in HR, what actions can I take since it will take some time to find a replacement candidate for the same position? Kindly reply with some suggestions.

Employee Retention Challenges and Solutions

This problem has persisted in the recent past, and many organizations have suffered. It is the lack of attitude by the employees, who are often being wrongly guided by others willing to poach these employees for their own organizations. Additionally, the employees show little respect for their current jobs; they are enticed by higher salary benefits or offered higher authority based on their experience. In both cases, the recruiter is likely to suffer, as these employees demonstrate a propensity to jump to another job without considering their current role.

Furthermore, the present employer should focus on motivating employees and providing clear avenues for progress, which we often fail to do. Regarding your situation, it is advisable to make a firm decision: do not issue the experience certificate for the employee who failed to provide the required two months' notice. When contacted for verification, present the truth that the employee did not fulfill the notice period. Clearly communicate the terms and conditions to the employee, directing them to report for duty immediately. While maintaining professionalism and avoiding harassment, educate the employee on the importance of work attitude. When relieving the employee, do so with respect so that they remember your grace.

Best of luck, remember that we reap what we sow; if something is amiss, it will drive others away.

Regards

Thank you so much for your reply, sir. Actually, sir, the company in which he is planning to move is of his relative. I had already told him to serve the notice period properly and get his experience certificate, but he is saying that he could not do so but would be needing the experience certificate. Moreover, he said he does not require any FNF from the company's end but could not serve the notice period.

Dear Kalyani, you can take many actions against him, but you cannot force anyone to serve the notice period. As you mentioned, he is going to join the organization of one of his relatives, so he doesn't require any supportive experience or relieving certificate from your side.

Legal Actions and Compliance

Regarding taking action, you can legally write to the HR of his next organization regarding the Dual Employment Conflict. However, remember that you should be perfect and clean in compliance.

My advice is to stop wasting time on him and start finding his replacement.

Regards

Thank you so much for the suggestions, @Gopinath sir and @Satish Sir.

Well, as you both said, I did the same and told him that if he cannot serve the notice period, I won't provide him with the experience letter as well as the relieving letter. Therefore, on the same day, he asked if I can withdraw his resignation.