Employee Breaking Rules During Notice Period: Can We End Their Contract Early?

Hello all,

If an employee is not following rules during the notice period, what should be done? Can we pre-pone their last working date? If yes, what things should be mentioned in the email? Alternatively, what actions can management take against that employee?

Please suggest.

Hello All,

If an employee is not following rules during the notice period, what should be done? Can we advance their last working date? If yes, what should be mentioned in the email? Or what actions can management take against the employee?

Please suggest.

Handling Employee Discipline During the Notice Period

Employees serving their notice period are subject to all rules and regulations currently mandated by the organization. Discipline is crucial during this time, as employees might feel they have nothing to lose and may want to burn bridges.

If you choose to prepone the last working day, it sends the wrong message to your existing employees. All resigned employees might then attempt to have their last working day preponed in a similar manner. This situation should be addressed officially by sending a show-cause notice to the employee, asking them to respond within a stipulated time frame. The charges and penalties should be similar to those for existing employees. The only additional clause for a resigned employee might be the adjustment of their leave accrual, unauthorized absenteeism, etc., with their full and final settlement amount.

In most cases, the financial impact may reduce the disciplinary issues you are facing.

Regards

It seems to me that the employee has submitted his resignation and is under a notice period. It needs to be examined what the stipulations are for the submission of resignation in his appointment letter, company rules, or certified standing orders. Has the management accepted his resignation? If not, the acceptance of resignation may be withheld, and it should be conveyed to him in writing. If he is not following the company rules, you can start disciplinary action against him and withhold his relieving order until its finality.

Regards, BS Kalsi

Dear Ms. Pooja,

Please call the employee and inform him that if proper behavior is not maintained, it will be reflected in his experience certificate.

Thank you,
Vilas

Hi Pooja,

It depends on the employment contract of the employee. In case the contract talks about the payment of a shortfall of notice pay, then you may recover the shortfall of notice pay from Full and Final settlement (F&F) or may ask the employee to pay in advance, but you can't force the employee to serve the complete notice period. If an employee has agreed to serve notice pay/Last Working Day (LWD) and then is absent from duty, in that case, an absconding process can be initiated.

This is a common issue that occurs in many organizations. The attitude of some employees after resigning can seriously escalate. Speak with their immediate supervisor or manager to assess the necessity of the employee's presence in the organization, including knowledge transfer, etc. Invite the employee along with their manager or HOD and inquire about the reasons for their non-compliance. Following that, issue a verbal warning stating that if they continue this behavior, the company will terminate them before their notice period and provide a termination letter outside the regular process. They may spread this news, but I have attempted everything possible to address this situation. Trust me, this approach is effective.

Pooja,

Take corrective action for that employee by extending his notice period and warning him/her about their behavior. If the rules are not followed, take further corrective action.

Thank you.

Questions for Clarification

The details you have provided while seeking an opinion are not sufficient. I have the following questions and request you to reply to them on your own, and I am sure you will be able to find a solution to the problem.

1. Has the person resigned from the services, or has he been terminated for a certain reason?

2. If he has been asked to quit, there must be an unpardonable mistake committed by him. Is he solely responsible for the mistake, or has someone instigated him to commit it? In that case, the person instigating must also be punished.

3. In case he has resigned, what is the reason behind it?

4. What is his service life record? Has he been obstinate throughout?

5. It is said that one cannot ride an unwilling horse. Has he been explained the consequences of his unwillingness by HR?

6. What work has he been handling, some very important assignment in his department that does require handover & takeover? If not, why has he been asked to serve the full notice period?

7. Human Psychology says no one is born bad, and if one is behaving erratically, the irritation must have been caused to him. Do you see any reason for erratic behavior?

I am sure now that you have answers to all the questions, you are able to find a solution to the problem at hand.

Regards,