New HR Executive Seeking Advice: How to Handle an Employee Not Completing Notice Period?

Hi, I am Almas. I am working as an HR executive in a manufacturing firm, and I recently joined the organization just two days ago. An employee has resigned today with only a 16-day notice period. My director wants him/her to complete the notice period. What action can we take if the employee does not serve the complete notice period? I am new to this field and don't know how to draft this kind of letter. Can anybody help me with the same?

Regards, Almas

Hi, Employee needs to complete the full notice period as per the agreed terms and conditions of the appointment order. If the employee served only a 16-day notice, then call the employee and explain that he/she needs to complete the remaining notice period as well; otherwise, the company will not be able to process proper relieving for him/her. Educate the employee about the importance of proper relieving, including background verification from future employers.

If the employee still does not agree to the remaining notice period, then you need to process disciplinary action and communicate to the employee through RPAD stating that "you are required to complete the full notice period as per the terms and conditions of the appointment order. Failing which, we will be constrained to initiate disciplinary action as deemed fit in law."

Hi Almas, Employees can request management to waive the one-month advance notice clause in exchange for using their leave balance days to cover the shortfall in the notice period.

Employees need to complete the notice period as per the agreed terms. In case of failure to do so, the employee may be counseled to complete it. Failing that, the employer may adjust the balance period of notice from the outstanding amount owed by the employee as liquidated damages.

Regards, R R Kapoor
Vadodara

Employee Classification Under the Industrial Disputes Act

Is the employee concerned one who may come under the purview of the Industrial Disputes Act? That is to say, if the employee had no reportees under them, then it is advisable not to interfere in the matter. Advise your Director that the employee who left without completing the notice period could be considered a worker because they had no authority to sanction leave for subordinates, evaluate the performance of subordinate workers, or initiate disciplinary action against anyone. These are the parameters to decide whether an employee is a worker or a manager/supervisor.

In respect of any supervisor/manager, no provision of the ID Act will be applicable; however, in respect of a workman, these provisions will apply. In the ID Act, there is no provision that a worker leaving by themselves should give notice, whereas an employer terminating a worker should give notice and follow certain procedures as provided in Section 25F or 25N of the Act.

If an employee gives notice of their intention to resign, the management may accept the resignation and release them at any time before the expiry date of the notice period. In such a case, they may pay back the proportionate salary in lieu of the remaining notice period if the separation clause in their offer of appointment states that they must serve a one-month notice period.