In my company, one employee has submitted a resignation letter. He is willing to serve a 90-day notice period. However, our company prefers him to serve only 60 days as we have already found a replacement. He is suggesting 50 days, but we insist on 60 days. How should we handle this situation?
From India, Trivandrum
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From India, Trivandrum
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Handling Notice Period Discrepancy
🔍 Understanding the Situation:
- In India, notice periods are typically governed by employment contracts and company policies, as well as applicable labor laws.
🔍 Reviewing Legal Aspects:
- Check the employment contract and company policies to verify the agreed notice period.
- Refer to the Industrial Employment (Standing Orders) Act, 1946, and any specific state laws that may apply in Trivandrum.
⛈️ Resolving the Conflict:
1. Communication: Initiate a dialogue with the employee to explain the company's stance clearly and the reasons for requiring a 60-day notice period.
2. Negotiation: Try to reach a mutual agreement by highlighting the importance of a smooth transition for both parties.
3. Documenting Agreement: Once an agreement is reached, document the revised notice period in writing for clarity and future reference.
🤝 Collaborative Approach:
- Emphasize the need for cooperation and professionalism during the transition period to ensure a positive exit for the employee and a seamless onboarding for the replacement.
🛡️ Last Resort Options:
- If an agreement cannot be reached amicably, consult with legal counsel to explore the legal options available to enforce the notice period stipulated in the contract or policies.
📅 Timeline Management:
- Monitor the employee's adherence to the agreed notice period and ensure a structured handover process during the transition.
📆 For further guidance on labor laws and employee rights in India, refer to the Ministry of Labour and Employment website https://labour.gov.in/.
Remember, maintaining open communication and seeking a fair resolution benefits both the employee and the organization during this transition period.
From India, Gurugram
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51🔍 Understanding the Situation:
- In India, notice periods are typically governed by employment contracts and company policies, as well as applicable labor laws.
🔍 Reviewing Legal Aspects:
- Check the employment contract and company policies to verify the agreed notice period.
- Refer to the Industrial Employment (Standing Orders) Act, 1946, and any specific state laws that may apply in Trivandrum.
⛈️ Resolving the Conflict:
1. Communication: Initiate a dialogue with the employee to explain the company's stance clearly and the reasons for requiring a 60-day notice period.
2. Negotiation: Try to reach a mutual agreement by highlighting the importance of a smooth transition for both parties.
3. Documenting Agreement: Once an agreement is reached, document the revised notice period in writing for clarity and future reference.
🤝 Collaborative Approach:
- Emphasize the need for cooperation and professionalism during the transition period to ensure a positive exit for the employee and a seamless onboarding for the replacement.
🛡️ Last Resort Options:
- If an agreement cannot be reached amicably, consult with legal counsel to explore the legal options available to enforce the notice period stipulated in the contract or policies.
📅 Timeline Management:
- Monitor the employee's adherence to the agreed notice period and ensure a structured handover process during the transition.
📆 For further guidance on labor laws and employee rights in India, refer to the Ministry of Labour and Employment website https://labour.gov.in/.
Remember, maintaining open communication and seeking a fair resolution benefits both the employee and the organization during this transition period.
From India, Gurugram
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