How Should Companies Handle Employee Separations Due to Health and Notice Period Issues?

I wish to present these cases for your review and opinion.

Case 1: Emp CM - Probationary Employee with Frequent Absenteeism

Emp CM is on probation and has been frequently absent. CM goes on leave due to illness, with information conveyed telephonically to HR by the spouse. HR tries contacting CM and, after much deliberation, is able to speak to CM. Upon inquiry, the nature of the ailment is not conveyed, and the tentative return date is also not informed. CM is informed that due to frequent absenteeism, the employee might be terminated. To avoid a blotch in their career, the employee offers to resign but wants to be relieved immediately with the notice period waived off, as they cannot serve the notice period now due to illness but will do so after recovery, though the return date cannot be predicted. On sympathetic grounds, the employee is relieved, the notice period is waived, and the salary in lieu of the notice period is also waived. After a few months, CM contacts HRD for a relieving letter. HRD refuses since the notice period was not served by CM. CM places a veiled threat. In this situation: Should the company issue one, though the notice period was not served? Should the company ask for a doctor's certificate showing the nature of the ailment which disabled the employee from serving the notice period?

Case 2: Emp PM - Confirmed Employee on Notice Period

Emp PM, a confirmed employee, tenders resignation. A few days later, while on the notice period, PM goes on sick leave. HRD informs PM to report to work after recovery with a medical certificate and complete the notice period. After 1.5 months, not hearing from the employee, the company contacts PM asking them to report back to work with a medical certificate. The employee replies that they have relocated and cannot serve the notice period but want a relieving letter. HRD reverts saying that if PM cannot serve the notice period, then PM has to pay the salary in lieu. The employee is silent. HRD follows up with a reminder. PM reverts saying neither serving the notice period nor payment in lieu of the notice period is possible but still wants a relieving letter issued. What should the company do?

Case 3: Emp SG: Confirmed Employee Resigning on Health Grounds

Emp SG, a confirmed employee, resigns on health grounds. The company offers to provide 3-6 months of leave on loss of pay, to recoup and reconsider the decision. On return, if SG still wants to resign, they should serve the notice period and move on. This way, there would not be a break in the service record. HRD comes to understand that SG expects a 50% pay raise to set aside the resignation. Incidentally, SG was given a 50% raise, which was revised to 68% as requested by the employee just 3-4 months prior to this incident. HRD informed SG that the request would be reviewed but needed time to execute it as the pay was increased only a few months earlier. After payday, SG abruptly abstained from work. Upon inquiry, the employee informs that it is not possible to report to work due to the severity of illness and wants to get relieved immediately, initially expressing the wish to pay off the notice period. Later, SG insists HRD issue a relieving letter waiving the notice period, since the employee's ailment is too severe to serve the notice period. HRD then requests a medical certificate to show that SG is too ill to even serve the notice period. SG reverts saying that the employee's family insisted that SG quits and takes rest due to frail health, which was not fit enough as per the family to serve the notice period. So the only option left is to pay in lieu of the notice period. HRD informs the employee accordingly. Now SG is silent. What should the company do?

Case 1: Handling a Probationer's Resignation

For a probationer who is frequently absent and plays tricks, it is unclear why HR was so sympathetic. The case study contradicts general employment conditions, as there is typically no notice period for probationers. Until the employee is confirmed, they can quit with a day's notice, or the employer can terminate their employment similarly. If HR was sympathetic, why did they only do half the job? What is the logic behind accepting the resignation, waiving the notice period, but withholding the relieving letter?

Case 2: Termination Due to Abandonment of Employment

HR can order a domestic inquiry for abandonment of employment. If misconduct is established during the inquiry, management (not HR) may terminate the employee's employment. HR may issue a relieving certificate with remarks such as "Services Terminated because of Abandonment of Employment." When due process is followed, the employee cannot object to the issuance of such a certificate.

Case 3: Addressing Abandonment of Employment

For abandonment of employment, a domestic inquiry should be ordered. The employee can present their case during the inquiry and explain their position. Depending on the validity of the reasons for their absence, management may take appropriate action. If the employee's ailment was severe, why did HR personnel not visit the hospital or the employee's home? Personal visits help assess the situation.

Final Comments: Weak HR Practices

In all three situations, HR appears weak and unfamiliar with handling discipline. It's unclear whether these situations occurred in the same company or different ones. Either way, the case studies suggest a company culture where employees dictate terms. Management must maintain control and deal sternly with those who break discipline. Such leniency can hinder company growth, damage HR's reputation, and harm personal careers.

Thanks,
Dinesh Divekar

Thank you, Mr. Dinesh. I fully accept your comments except in case number 1.

Nowadays, most of the appointment letters have a notice period mentioned, typically for a minimum of one month, 15 days, or 7 days during the probation period. Based on this clause, HR may terminate the employee upon the completion of the mentioned notice period, as per the terms of the appointment, depending on the factual findings or genuineness of the case.

Thank you, Mr. Dinesh.

On reviewing your comments:

1. HRDs have some constraints in startups and private concerns.
2. Only documents speak. In the case where a report is produced by an employee, even if the HRD knows it is untrue, they still may not be able to take much action.
3. Most companies recruit in good faith and pay salaries correctly. However, attrition still appears to be a challenge.

JS