Dear All,
I really need a favor from you guys.One of our employee needs undergo surgery today, he has informed us yesterday evening.we are a software concern and this guy is working on main project we don't have backup even.We asked him to take off for 1 months but he is not ready to accept and another 2 guys will be joining within a week he has to do knowledge transfer but as per the terms and condition he should provide atleast 45 days notice period.We really don't know whether he is bluffing or speaking truth .Iam in dilemma
What can be done to file complaint against him for not giving enough notice or Is there any other suggestion do you have ?
Please let me know.
Thanks,
Riya
From India, Coimbatore
7I really need a favor from you guys.One of our employee needs undergo surgery today, he has informed us yesterday evening.we are a software concern and this guy is working on main project we don't have backup even.We asked him to take off for 1 months but he is not ready to accept and another 2 guys will be joining within a week he has to do knowledge transfer but as per the terms and condition he should provide atleast 45 days notice period.We really don't know whether he is bluffing or speaking truth .Iam in dilemma
What can be done to file complaint against him for not giving enough notice or Is there any other suggestion do you have ?
Please let me know.
Thanks,
Riya
From India, Coimbatore
Hi Riya, how about his past medical records, was he suffering from any ailments, was the organization aware of it???
Have a background check of his medical record. And if he is really in need of immediate surgery, I think you have no other option except granting him leave.
From India, Hyderabad
Have a background check of his medical record. And if he is really in need of immediate surgery, I think you have no other option except granting him leave.
From India, Hyderabad
Dear Riya,
A company has to be prepared for such contingencies before hand.
I am sure you must be aware about contingerncy approach.
Sorry, but I do not really appreciate the way IT companies these days work. They must realize that MAN, MACHINE, MONEY and MATERIAL are three different things. Somewhere MAN and MACHINE are clubbed together.
I would suggest to take this as an experience and be prepared for such contingency in future. As an "Human Resource Manager" we should anticipate such things.
Regards,
Hrishikesh
From India, Nagpur
A company has to be prepared for such contingencies before hand.
I am sure you must be aware about contingerncy approach.
Sorry, but I do not really appreciate the way IT companies these days work. They must realize that MAN, MACHINE, MONEY and MATERIAL are three different things. Somewhere MAN and MACHINE are clubbed together.
I would suggest to take this as an experience and be prepared for such contingency in future. As an "Human Resource Manager" we should anticipate such things.
Regards,
Hrishikesh
From India, Nagpur
Hi
You can only hold their salary & other due incase of notice period not served. It is depend on employee that he ready to serve notice period for his/her due or not.
Also a warning letter as well as termination letter could be sent to employee.
If he reported to his/her reporting manager/TL and his/her problem is genuene than only single way to give them time period for rest & joined back.
Krishna Nandan
From India, New Delhi
You can only hold their salary & other due incase of notice period not served. It is depend on employee that he ready to serve notice period for his/her due or not.
Also a warning letter as well as termination letter could be sent to employee.
If he reported to his/her reporting manager/TL and his/her problem is genuene than only single way to give them time period for rest & joined back.
Krishna Nandan
From India, New Delhi
Dear Riya,
First of all your query is incomplete. You have not mentioned anywhere that the employee has tendered his resignation and left that to the guess of the readers. The question arises, where is the need for resignation of the employee for undergoing a surgery? He can take leave for one month and even more. If the employee is insisting on resignation the reason can never be of undergoing a surgery but may be for taking another better employment for which the condition must be for him to join on a particular date. That may be the reason he is unwilling to take leave, but has preferred to resign, so that he may get clearance from your company before joining another company to fulfill the condition of the new company.
So far as resignation is concerned, interest of the organization will have to be looked after first. You can refuse to accept resignation till the other two employee join the company. Otherwise, if acceptance of resignation is considered as a must, the employee may be asked to provide in writing all the details of the project so far handled and to hand over the source code of the software to some responsible employee. He must further be bound by getting a written undertaking to give proper charge at some later date to the nominated employee of the company.
I must give a very important advice, never make any employee indispensable to allow arise of situation like this. You must have 2-3 different people to know each other employee's job to be substituted at any time of need.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
First of all your query is incomplete. You have not mentioned anywhere that the employee has tendered his resignation and left that to the guess of the readers. The question arises, where is the need for resignation of the employee for undergoing a surgery? He can take leave for one month and even more. If the employee is insisting on resignation the reason can never be of undergoing a surgery but may be for taking another better employment for which the condition must be for him to join on a particular date. That may be the reason he is unwilling to take leave, but has preferred to resign, so that he may get clearance from your company before joining another company to fulfill the condition of the new company.
So far as resignation is concerned, interest of the organization will have to be looked after first. You can refuse to accept resignation till the other two employee join the company. Otherwise, if acceptance of resignation is considered as a must, the employee may be asked to provide in writing all the details of the project so far handled and to hand over the source code of the software to some responsible employee. He must further be bound by getting a written undertaking to give proper charge at some later date to the nominated employee of the company.
I must give a very important advice, never make any employee indispensable to allow arise of situation like this. You must have 2-3 different people to know each other employee's job to be substituted at any time of need.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Dear Ria,
i fully agree with Mr. Dhingra's inputs, if the employee wnats to undergo a surgery let him/her get it done but he/ she has to complete the handing over formalities with out any hesitation, till he/ she completely hand overs and get relieved he / she ought to be your employee and if he / she joins any organization then it comes under double employment and you have every right to proceed legally.
Pl. approve his/her leave if he wants to undergo a surgery but inform to all his /her superiors under no circumstances they should receive or acknowledge his / her resignation. Even they receives they should specifically write that he / she should write that resignation acceptable subject fulfilling of all formalities like handing over & notice period clauses only.
Thanks and regards - kameswarao
From India, Hyderabad
i fully agree with Mr. Dhingra's inputs, if the employee wnats to undergo a surgery let him/her get it done but he/ she has to complete the handing over formalities with out any hesitation, till he/ she completely hand overs and get relieved he / she ought to be your employee and if he / she joins any organization then it comes under double employment and you have every right to proceed legally.
Pl. approve his/her leave if he wants to undergo a surgery but inform to all his /her superiors under no circumstances they should receive or acknowledge his / her resignation. Even they receives they should specifically write that he / she should write that resignation acceptable subject fulfilling of all formalities like handing over & notice period clauses only.
Thanks and regards - kameswarao
From India, Hyderabad
Dear All,
What I understand from reading all the views of friends, it is a simple case of an employee who has submitted his resignation and wants to be releived immediately. And may be, in turn, willing to pay the amount of notice pay period, which his ultimate employer has agreed to reimburse.
Under these circumstances, the appointment letter issued to an employee matters a lot becuase his service conditions are governed by the employment letter, which in other words a contract mentioning the terms and conditions of the employment.
In such employment letter, condition of relieving after submitting resignation is open for both - employer and employee. Employer can accept the resignation with immediate effect and can pay the salary for the notice period and in the similar fashion, if employee wants to be relieved immediately, he will be required to tender the notice period amount to the employer in lieu of not serving the notice period..
If you litigate the matter, and do not relieve the employee on the pretext of one or any other reason, you will not only loose the case in any court of law but also let down the image of your company and it will spread a bad message amongst the existing employees too. BE CAREFULL BEFORE TAKING ANY STEP.
Kind regards,
V K Mangla
From India
What I understand from reading all the views of friends, it is a simple case of an employee who has submitted his resignation and wants to be releived immediately. And may be, in turn, willing to pay the amount of notice pay period, which his ultimate employer has agreed to reimburse.
Under these circumstances, the appointment letter issued to an employee matters a lot becuase his service conditions are governed by the employment letter, which in other words a contract mentioning the terms and conditions of the employment.
In such employment letter, condition of relieving after submitting resignation is open for both - employer and employee. Employer can accept the resignation with immediate effect and can pay the salary for the notice period and in the similar fashion, if employee wants to be relieved immediately, he will be required to tender the notice period amount to the employer in lieu of not serving the notice period..
If you litigate the matter, and do not relieve the employee on the pretext of one or any other reason, you will not only loose the case in any court of law but also let down the image of your company and it will spread a bad message amongst the existing employees too. BE CAREFULL BEFORE TAKING ANY STEP.
Kind regards,
V K Mangla
From India
Dear Riya,
Greetings !
As far as i can judge the situation you have to take a call as per your company employee hand book. What were the terms and conditions put in his appointment letter. What maximum you can do is deduct his notice period from his F & F settlement. And nothing more. Try to groom somebody ASAP to take his position i.e. succession plan.
Regards
Kumar Sivesh
From India, New Delhi
Greetings !
As far as i can judge the situation you have to take a call as per your company employee hand book. What were the terms and conditions put in his appointment letter. What maximum you can do is deduct his notice period from his F & F settlement. And nothing more. Try to groom somebody ASAP to take his position i.e. succession plan.
Regards
Kumar Sivesh
From India, New Delhi
Dear Riya,
1.If it is really a case of medical emergency, you can ask him to submit a medical report of a certified dr.
2. Also you can get him checked by your company's dr.
3. You may grant him 1 month leave.
4. If he is insisting for resignation, you may ask him to give the resination 1st and then you can ask him to surrender his salary in lieu of notice period.
5. Now, the question of his replacement/back up. For this, you may transfer some other employee having work exp of similar project(s) or who can easily be trained for the same by the head of that project.
Wish You All the Best. Hope you could now solve this contingency with all the suggestions given by all the citehr friends.
With Warm Regards,
Supriya Naval
1.If it is really a case of medical emergency, you can ask him to submit a medical report of a certified dr.
2. Also you can get him checked by your company's dr.
3. You may grant him 1 month leave.
4. If he is insisting for resignation, you may ask him to give the resination 1st and then you can ask him to surrender his salary in lieu of notice period.
5. Now, the question of his replacement/back up. For this, you may transfer some other employee having work exp of similar project(s) or who can easily be trained for the same by the head of that project.
Wish You All the Best. Hope you could now solve this contingency with all the suggestions given by all the citehr friends.
With Warm Regards,
Supriya Naval
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