Dear HR Professionals,
One of the employees has come out of the project and has been on the bench since 18th November 2021. Additionally, the employee is unable to successfully pass any interviews. Can we place him on Leave Without Pay (LOP) until the next project is assigned? Is this legally permissible? Please advise.
From India, Pune
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One of the employees has come out of the project and has been on the bench since 18th November 2021. Additionally, the employee is unable to successfully pass any interviews. Can we place him on Leave Without Pay (LOP) until the next project is assigned? Is this legally permissible? Please advise.
From India, Pune
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Dear Colleague,
The question is intended to help someone; it seems on which the spirit is really appreciable. But when it comes to reality, the fact remains that the talent is already on the bench and he looks for a job elsewhere but is not able to clinch a deal. In this situation, it is a dilemma in the minds of all HR professionals. Whether to support the business or the talent. The LOP is a tool that one can use very discreetly for very valid reasons with time-bound upper limits. What we need to balance between the organization's interest and also to safeguard individual talent is to have your own cutoff time (say 30 days) before which he should be moved to:
- Any alternate project currently ongoing
- Any other productive job deployment within the organization
- Give 30 days for him to search for a job elsewhere
- Or adhere to the notice pay clause and conclude the employment and call him again if he is available when the next suitable opening comes.
Keeping someone long on LOP is not advisable as factors like continuity of service, continuation of statutory benefits including gratuity service, etc., are the consequences. We cannot keep an employee for long on LOP leave as his livelihood will also become a question mark. Hence, take a call judiciously and smartly.
Take care,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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321The question is intended to help someone; it seems on which the spirit is really appreciable. But when it comes to reality, the fact remains that the talent is already on the bench and he looks for a job elsewhere but is not able to clinch a deal. In this situation, it is a dilemma in the minds of all HR professionals. Whether to support the business or the talent. The LOP is a tool that one can use very discreetly for very valid reasons with time-bound upper limits. What we need to balance between the organization's interest and also to safeguard individual talent is to have your own cutoff time (say 30 days) before which he should be moved to:
- Any alternate project currently ongoing
- Any other productive job deployment within the organization
- Give 30 days for him to search for a job elsewhere
- Or adhere to the notice pay clause and conclude the employment and call him again if he is available when the next suitable opening comes.
Keeping someone long on LOP is not advisable as factors like continuity of service, continuation of statutory benefits including gratuity service, etc., are the consequences. We cannot keep an employee for long on LOP leave as his livelihood will also become a question mark. Hence, take a call judiciously and smartly.
Take care,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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'Not able to crack interview'
I think the above statement indicates that you have not disclosed the information needed to be able to advise you properly. I assume you are a body-shopping company. That means the employee must pass the interview with the client to be added to a particular project team. Also, you have not explained whether the employee possesses a rare skill or lacks the skills required for the job.
Legally, you cannot force someone to be on leave without pay (LOP) just because they are on the bench. It is your responsibility as an employer to pay the salary. LOP occurs when an employee is not reporting to work as instructed and has no accumulated leave. I do not think that is the case here. Therefore, you are liable to pay the employee's salary. If there is no work available for the employee, then you should terminate their employment following all procedures and let them go.
From India, Mumbai
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I think the above statement indicates that you have not disclosed the information needed to be able to advise you properly. I assume you are a body-shopping company. That means the employee must pass the interview with the client to be added to a particular project team. Also, you have not explained whether the employee possesses a rare skill or lacks the skills required for the job.
Legally, you cannot force someone to be on leave without pay (LOP) just because they are on the bench. It is your responsibility as an employer to pay the salary. LOP occurs when an employee is not reporting to work as instructed and has no accumulated leave. I do not think that is the case here. Therefore, you are liable to pay the employee's salary. If there is no work available for the employee, then you should terminate their employment following all procedures and let them go.
From India, Mumbai
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HR Manual (Employee Hand Book).doc