Addressing Employee Non-Performance During Notice Period
If an employee is not performing their job duties after resigning and during the notice period, which is 60 days in this case, it can be a challenging situation to address. In this scenario, where the employee is refusing to participate in interviewing potential replacements and is simply present at work to browse the internet, take tea and food breaks, and then leave after regular work hours, it is essential to take appropriate action.
Firstly, it is crucial to have a conversation with the employee to understand their reasons for not fulfilling their responsibilities during this transition period. Clear communication about expectations and the consequences of not cooperating is necessary. Documenting these discussions is important for record-keeping and potential future actions.
If the employee continues to neglect their duties despite discussions and warnings, it may be necessary to escalate the matter to higher management or HR for further intervention. Depending on company policies and the severity of the situation, disciplinary actions or termination of employment may be considered.
Overall, addressing such behavior proactively and professionally is essential to maintain the smooth functioning of the workplace and uphold standards of professionalism and accountability.
From India , Madras
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If an employee is not performing their job duties after resigning and during the notice period, which is 60 days in this case, it can be a challenging situation to address. In this scenario, where the employee is refusing to participate in interviewing potential replacements and is simply present at work to browse the internet, take tea and food breaks, and then leave after regular work hours, it is essential to take appropriate action.
Firstly, it is crucial to have a conversation with the employee to understand their reasons for not fulfilling their responsibilities during this transition period. Clear communication about expectations and the consequences of not cooperating is necessary. Documenting these discussions is important for record-keeping and potential future actions.
If the employee continues to neglect their duties despite discussions and warnings, it may be necessary to escalate the matter to higher management or HR for further intervention. Depending on company policies and the severity of the situation, disciplinary actions or termination of employment may be considered.
Overall, addressing such behavior proactively and professionally is essential to maintain the smooth functioning of the workplace and uphold standards of professionalism and accountability.
From India , Madras
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Dear member,
Each employee must devote themselves to their duties wholeheartedly until their last working day. The clause of the notice period is inserted in the appointment letter so that the company has time to arrange for a replacement. Nevertheless, it is incumbent on the employee to meet their deliverables. If the employee falls short of their duty, whether during the notice period or otherwise, the administration of the company reserves the right to initiate disciplinary action.
Therefore, you may counsel the employee to continue contributing to the development of the company. Inform them that at the end of their tenure, the company does not expect any unsavoury incidents that could leave bitter memories.
However, you also mentioned in your post that the resigning employee has refused to interview job candidates. Is conducting interviews part of their Job Description (JD)? If not, then a senior authority could have taken the employee into confidence and asked them to involve themselves in the recruitment of their replacement. There appears to be a communication gap. This communication gap could be a result of a mental gap as well. Possibly, the issue lies there.
Is the employee performing their primary duties or not? If the employee is not performing their primary duties, it also merits strong action. It will send the right signal to all other employees who may quit in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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8071Each employee must devote themselves to their duties wholeheartedly until their last working day. The clause of the notice period is inserted in the appointment letter so that the company has time to arrange for a replacement. Nevertheless, it is incumbent on the employee to meet their deliverables. If the employee falls short of their duty, whether during the notice period or otherwise, the administration of the company reserves the right to initiate disciplinary action.
Therefore, you may counsel the employee to continue contributing to the development of the company. Inform them that at the end of their tenure, the company does not expect any unsavoury incidents that could leave bitter memories.
However, you also mentioned in your post that the resigning employee has refused to interview job candidates. Is conducting interviews part of their Job Description (JD)? If not, then a senior authority could have taken the employee into confidence and asked them to involve themselves in the recruitment of their replacement. There appears to be a communication gap. This communication gap could be a result of a mental gap as well. Possibly, the issue lies there.
Is the employee performing their primary duties or not? If the employee is not performing their primary duties, it also merits strong action. It will send the right signal to all other employees who may quit in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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Issuing a Show-Cause Notice
You may issue a show-cause notice for his dereliction of duty and ask him to explain why he should not be dismissed from service for his misconduct, including not doing any work, insubordination, and dereliction. Inform him that if he does not cooperate with the selection and induction of a new candidate to replace him, a smooth handover will not occur. This will certainly be included in the relieving order and background verification.
From India, Kannur
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You may issue a show-cause notice for his dereliction of duty and ask him to explain why he should not be dismissed from service for his misconduct, including not doing any work, insubordination, and dereliction. Inform him that if he does not cooperate with the selection and induction of a new candidate to replace him, a smooth handover will not occur. This will certainly be included in the relieving order and background verification.
From India, Kannur
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Dear Colleague,
Such scenarios are common in today's working world when the talent is in a "goodbye mood" and submits their papers, then they stop working. This is not correct unless there are some serious health issues. If this behavior is a result of attitude, the management has to assign all pending work that the employee needs to complete before being relieved and state that the relieving is subject to the completion of the reasonable list of pending tasks. This process can be documented, and a review should be conducted every two days to track progress. If no progress is made within two days, issue a fresh letter outlining the pending work to the employee and document it.
We had a similar case where we documented the employee's lapses, and by the relieving date, the work had not been completed. Consequently, we decided to relieve the employee at the end of the notice period, stating that no work had been done during that time, and therefore, three months' salary would be adjusted in the full and final settlement based on the principle of "no work, no pay." We successfully recovered the amount and relieved the employee as planned. Despite filing cases, the employee could not establish any wrongdoing and ultimately lost credibility in the job market. This shared experience may provide you with insight to help you decide on your next steps in similar cases.
From India, Chennai
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Such scenarios are common in today's working world when the talent is in a "goodbye mood" and submits their papers, then they stop working. This is not correct unless there are some serious health issues. If this behavior is a result of attitude, the management has to assign all pending work that the employee needs to complete before being relieved and state that the relieving is subject to the completion of the reasonable list of pending tasks. This process can be documented, and a review should be conducted every two days to track progress. If no progress is made within two days, issue a fresh letter outlining the pending work to the employee and document it.
We had a similar case where we documented the employee's lapses, and by the relieving date, the work had not been completed. Consequently, we decided to relieve the employee at the end of the notice period, stating that no work had been done during that time, and therefore, three months' salary would be adjusted in the full and final settlement based on the principle of "no work, no pay." We successfully recovered the amount and relieved the employee as planned. Despite filing cases, the employee could not establish any wrongdoing and ultimately lost credibility in the job market. This shared experience may provide you with insight to help you decide on your next steps in similar cases.
From India, Chennai
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With all respect to the very good advice given by members above, my approach would be slightly different.
Handling Employees in a "Goodbye Mood"
Where the employee is in a "Goodbye Mood" and is not doing any work, then he/she is no longer an asset to the company. Therefore, you can ask that all pending work that cannot be transferred to another employee must be completed, under strict supervision, during the notice period. Upon the completion of the work, the employee can be placed on "Garden Leave".
Understanding Garden Leave
Garden Leave means that the employee does not need to come into the office and can stay at home. However, the employee must make themselves available either by phone or personal attendance. During this time, the employee is not allowed to work elsewhere. If they do, they will lose their notice period pay. The Garden Leave can be from day one or partial.
This approach ensures commercial viability without incurring avoidable costs and allows HR to continue their daily work. In any case, the employee leaving should never be allowed to interview their replacement!
I appreciate that this approach is not suitable for all employees in all sectors, but I hope the above gives some food for thought.
Regards,
Harsh
From United Kingdom, Barrow
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Handling Employees in a "Goodbye Mood"
Where the employee is in a "Goodbye Mood" and is not doing any work, then he/she is no longer an asset to the company. Therefore, you can ask that all pending work that cannot be transferred to another employee must be completed, under strict supervision, during the notice period. Upon the completion of the work, the employee can be placed on "Garden Leave".
Understanding Garden Leave
Garden Leave means that the employee does not need to come into the office and can stay at home. However, the employee must make themselves available either by phone or personal attendance. During this time, the employee is not allowed to work elsewhere. If they do, they will lose their notice period pay. The Garden Leave can be from day one or partial.
This approach ensures commercial viability without incurring avoidable costs and allows HR to continue their daily work. In any case, the employee leaving should never be allowed to interview their replacement!
I appreciate that this approach is not suitable for all employees in all sectors, but I hope the above gives some food for thought.
Regards,
Harsh
From United Kingdom, Barrow
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Yes, "No work, no pay" is a sound principle in dealing with such cases of mischief. It cannot be said that any employee has a vested right to earn without doing any work. In public service, "dies non" is statutorily recognized and could be adopted even when one does not perform the work allotted, even though present in the office.
From India, Kochi
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From India, Kochi
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Understanding Notice Period Responsibilities
It shows that the employee is completely negligent and not responsible towards their duty and that of the company. In such a situation, the company should accept the notice period given by them with immediate effect and relieve them. The notice period means that the employee is informing the company that they will not be available after the stipulated notice period, but it does not mean that they will not work.
Notice Period Obligations
Notice periods mean working for the number of days shown in the notice period or receiving the salary paid for that period, applicable to both parties. If the company thinks it would be right to sack the employee immediately, it pays them a salary equal to the notice period because it is believed that the longer the notice period, the longer it will take for the employee to find a new job. Conversely, if the employee gives notice, it means they will work with full responsibility for that period and are informing the company that during that period, the company should find another person for that work. However, you get paid only for the work done and not for the behavior shown. In both cases, the notice period will be followed responsibly by the company or the employee.
From India, Rudarpur
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It shows that the employee is completely negligent and not responsible towards their duty and that of the company. In such a situation, the company should accept the notice period given by them with immediate effect and relieve them. The notice period means that the employee is informing the company that they will not be available after the stipulated notice period, but it does not mean that they will not work.
Notice Period Obligations
Notice periods mean working for the number of days shown in the notice period or receiving the salary paid for that period, applicable to both parties. If the company thinks it would be right to sack the employee immediately, it pays them a salary equal to the notice period because it is believed that the longer the notice period, the longer it will take for the employee to find a new job. Conversely, if the employee gives notice, it means they will work with full responsibility for that period and are informing the company that during that period, the company should find another person for that work. However, you get paid only for the work done and not for the behavior shown. In both cases, the notice period will be followed responsibly by the company or the employee.
From India, Rudarpur
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(Fact Checked)-The user's reply contains accurate information and provides a comprehensive approach to addressing the situation with the resigning employee. The response aligns with the general principles of employment law and organizational expectations. (1 Acknowledge point)