Hi All,
In my company a higher position Employee (Export Manager) has resigned, he is ready to work for 2months as a notice period, but we don't want him to work for 2 months, So can we ask him to leave immidiately???
Do we have to pay him compensation for that???
pls reply...Waitng for ur reply!!!!!!!!!
Regards,
Trupti
From India, Mumbai
In my company a higher position Employee (Export Manager) has resigned, he is ready to work for 2months as a notice period, but we don't want him to work for 2 months, So can we ask him to leave immidiately???
Do we have to pay him compensation for that???
pls reply...Waitng for ur reply!!!!!!!!!
Regards,
Trupti
From India, Mumbai
Dear Friend,
The same kind of situation happened in our company recently and our management has decided to terminate one of our senior mangers . According to management instructions company has paid and two months pay ( as per company policy )and asked him to leave the company immediately. However it is all depend on your company policy.
according to Humanity grounds company has to pay some amount to terminate employees since they cannot get job next day or immediately, until they get job this amount can help them to sustain some extent.
From India, Hyderabad
85The same kind of situation happened in our company recently and our management has decided to terminate one of our senior mangers . According to management instructions company has paid and two months pay ( as per company policy )and asked him to leave the company immediately. However it is all depend on your company policy.
according to Humanity grounds company has to pay some amount to terminate employees since they cannot get job next day or immediately, until they get job this amount can help them to sustain some extent.
From India, Hyderabad
Hi Trupti,
In my opinion since the employee has resigned on his own and your management does not want him to serve notice period, you can relieve him with immediate effect without any notice pay.
He would be entitled to notice payment only if you had terminated him (On any other grounds except for disciplinary action). Also the final decision should be taken according to your Company's Policy in this regard.
Regards,
Jyoti
From India, Mumbai
In my opinion since the employee has resigned on his own and your management does not want him to serve notice period, you can relieve him with immediate effect without any notice pay.
He would be entitled to notice payment only if you had terminated him (On any other grounds except for disciplinary action). Also the final decision should be taken according to your Company's Policy in this regard.
Regards,
Jyoti
From India, Mumbai
First of all we have to see the ground of resignation if that is from his side there is no need to pay, but if from our side he must serve the notice,or we can send him as on condactory basis
From India, Hyderabad
From India, Hyderabad
Dear jyoti_jain004
Please think again on your post.
Would your response been the same had this been your own case and YOU GIVEN A NOTICE TO THE COMPANY ??
How would YOU feel, if in GOOD FAITH + COMPLIANCE WITH CO, RULES + ENABLING THE CO. TO FIND A REPLACEMENT IN TIME;
you submit a Notice of resignation well in advance, before two months.
Then, because of your Notice, the Co. TERMINATES YOU the next day / WITH IMMEDIATE EFFECT; without any compensation/benefit.
It is EASY to get carried away with the feeling of "ruling" the employee; punishing them; being insensitive; doing illegal act since one knows the Management will support these things.
If giving such opinion is out of ignorance, then it can be excused; if it is out of habit and conviction, then it is un-pardonable.
The first thing an HR should be taught is - EMPATHY, placing oneself in the shoes's of the other.
This enables taking RIGHT DECISION EVERY TIME.
Regards.
From India, Delhi
Please think again on your post.
Would your response been the same had this been your own case and YOU GIVEN A NOTICE TO THE COMPANY ??
How would YOU feel, if in GOOD FAITH + COMPLIANCE WITH CO, RULES + ENABLING THE CO. TO FIND A REPLACEMENT IN TIME;
you submit a Notice of resignation well in advance, before two months.
Then, because of your Notice, the Co. TERMINATES YOU the next day / WITH IMMEDIATE EFFECT; without any compensation/benefit.
It is EASY to get carried away with the feeling of "ruling" the employee; punishing them; being insensitive; doing illegal act since one knows the Management will support these things.
If giving such opinion is out of ignorance, then it can be excused; if it is out of habit and conviction, then it is un-pardonable.
The first thing an HR should be taught is - EMPATHY, placing oneself in the shoes's of the other.
This enables taking RIGHT DECISION EVERY TIME.
Regards.
From India, Delhi
Dear Raj Kumar,
What I had written was my opinion which I still think is in the benefit of both employee and employer. Taking the fact into consideration that the employee has resigned on his own account, we can very easily conclude that he probably has got a job somewhere else. The decision to relieve him early is in fact in the employee's favour also and he can join the other Company early.
Also in my own experience I have seen that after employees resign, the motivation and efficiency levels decrease considerably since work now becomes just a formality that they need to complete (Probably the reason why the management didn't want the employee to serve notice period), hence it would be against the interests of the Company also to have the employee for another two months.
Also to tell you the truth I have also faced with the same situation, wherein I was willing to serve notice but since I didnt feel that I could put in the same amount of hard work, after discussion with management I chose to be relieved early.
If the employees want the management to be fair then the employees also need to act the same way.
Regards,
Jyoti
From India, Mumbai
What I had written was my opinion which I still think is in the benefit of both employee and employer. Taking the fact into consideration that the employee has resigned on his own account, we can very easily conclude that he probably has got a job somewhere else. The decision to relieve him early is in fact in the employee's favour also and he can join the other Company early.
Also in my own experience I have seen that after employees resign, the motivation and efficiency levels decrease considerably since work now becomes just a formality that they need to complete (Probably the reason why the management didn't want the employee to serve notice period), hence it would be against the interests of the Company also to have the employee for another two months.
Also to tell you the truth I have also faced with the same situation, wherein I was willing to serve notice but since I didnt feel that I could put in the same amount of hard work, after discussion with management I chose to be relieved early.
If the employees want the management to be fair then the employees also need to act the same way.
Regards,
Jyoti
From India, Mumbai
Dear Trupti,
As the resigning employee has agreed to serve 2 months notice (He must have either foreseen the notice period and delayed the joining to new company or will be utilizing the notice period to search for a new job).
The notice period of 2 months in this case , as i understand was mutually agreed as per the employment contract* from both sides. The employee had initiated the notice of resignation and he is willing to remain for 2 months (this can be taken as the period to recruit a replacement or train the replaced candidate).
Company is also committed for a 2 month notice period to the employee and if planning to relive him with immediate effect, he should be paid the salary in lie of the notice period + other benefits of F&F Settlement.
Exit is the most sensitive part of HR and if dealt with utmost care, the leaving employees will move out with a gud impression about your company.
Any decisions to exploit the rights of the leaving employees will not only invite troubles , but will tarnish the image of the company as an "employer" in the market.
Ball is in your court, decide and act !!!
Regards
Sriram
*Understand from your thread that as per your employment contract the notice period is 2 months from both sides (Employee and Employer)
From India, Mumbai
As the resigning employee has agreed to serve 2 months notice (He must have either foreseen the notice period and delayed the joining to new company or will be utilizing the notice period to search for a new job).
The notice period of 2 months in this case , as i understand was mutually agreed as per the employment contract* from both sides. The employee had initiated the notice of resignation and he is willing to remain for 2 months (this can be taken as the period to recruit a replacement or train the replaced candidate).
Company is also committed for a 2 month notice period to the employee and if planning to relive him with immediate effect, he should be paid the salary in lie of the notice period + other benefits of F&F Settlement.
Exit is the most sensitive part of HR and if dealt with utmost care, the leaving employees will move out with a gud impression about your company.
Any decisions to exploit the rights of the leaving employees will not only invite troubles , but will tarnish the image of the company as an "employer" in the market.
Ball is in your court, decide and act !!!
Regards
Sriram
*Understand from your thread that as per your employment contract the notice period is 2 months from both sides (Employee and Employer)
From India, Mumbai
Hello Trupti,
Raj Kumar/s & Sriram's responses should be the guiding light for your next step.
Coming to Jyoti's response, I think sriram has given the suitable reply to her view. Like Raj Kumar mentioned, 'Empathy' is the word that's the key for any HR person--not just in talk but also in practice.
What Jyoti mentioned--"we can very easily conclude that he probably has got a job somewhere else. The decision to relieve him early is in fact in the employee's favour also and he can join the other Company early" could be correct--but I think she missed another point. When the employee has agreed to serve the full notice period, doesn't that also mean that he 'may not be able to join earlier @ the new company'--for whatever reasons? When someone resigns, he/she obviously has got a BETTER opportunity both in terms of career advancement & SALARY. So why would this person leave the chance to begin to earn a higher salary earlier by serving the full notice period?
Sriram's words--"will tarnish the image of the company as an "employer" in the market" are very true. I have seen it happen with one of our clients who just took advantage of the rule-book--despite advice to the contrary--& later got so much notoriety that they had to change the Company name to avoid any reference to their past practices.
And Trupti--maybe it's time for your company to think of reviewing the rules governing the Notice period.
Rgds,
TS
From India, Hyderabad
Raj Kumar/s & Sriram's responses should be the guiding light for your next step.
Coming to Jyoti's response, I think sriram has given the suitable reply to her view. Like Raj Kumar mentioned, 'Empathy' is the word that's the key for any HR person--not just in talk but also in practice.
What Jyoti mentioned--"we can very easily conclude that he probably has got a job somewhere else. The decision to relieve him early is in fact in the employee's favour also and he can join the other Company early" could be correct--but I think she missed another point. When the employee has agreed to serve the full notice period, doesn't that also mean that he 'may not be able to join earlier @ the new company'--for whatever reasons? When someone resigns, he/she obviously has got a BETTER opportunity both in terms of career advancement & SALARY. So why would this person leave the chance to begin to earn a higher salary earlier by serving the full notice period?
Sriram's words--"will tarnish the image of the company as an "employer" in the market" are very true. I have seen it happen with one of our clients who just took advantage of the rule-book--despite advice to the contrary--& later got so much notoriety that they had to change the Company name to avoid any reference to their past practices.
And Trupti--maybe it's time for your company to think of reviewing the rules governing the Notice period.
Rgds,
TS
From India, Hyderabad
Dear TS and Sriram
Thanks for providing perfectly legal and right solutions; as well as useful insights to all.
Dear Trupti
I hope you have got your answers now - whether or not they jell with your management's policy or whether you are in a position to get them implemented, is a different matter; but I am happy that you now know WHAT is RIGHT !!
Dear Jyoti
Thanks for clarifying your stance.
But let us not ASSUME that it is for the benefit of the employee.
The poor guy must have considered the notice period and accordingly with great persuasion must have got the joining date deferred by more than two months.
Whatever it is; let us not forget that he has complied with the policy.
Then should not your management (if they do not want to keep him any longer) ALSO COMPLY WITH THE POLICY, BY GIVING HIM A TWO MONTH"S NOTICE ???
Now, the question is, YOU DON'T WANT HIS PRESENCE AT ALL !!
Therefore, Should not you GIVE HIM TWO MONTHSNOTICE PAY and ask him to leave immediately !!In such situation, IT IS IRRELEVANT whether he has given any notice or not.
IF you take cognizance OF HIS NOTICE, then you should retain him for TWO MONTHS.
There is no HR knowledge involved here; it is just a matter of FAIRNESS and compliance with agreement. Please consult with any lawyer friend; if you find this incredible.
ELSE, What is the PURPOSE OF NOTICE by EITHER side ?? Let an Employee GIVE NOTICE and you TERMINATE HIS SERVICE IMMEDIATELY ?? Is it not ? I hope you understand what is implied here.
The fact that you had been on the receiving side on earlier occassions, does not change this. More the reason for you being more understanding. In any case, one should always keep on LEARNING new things/facts and GROWING; and that is the purpose of this site.
Warm regards.
From India, Delhi
Thanks for providing perfectly legal and right solutions; as well as useful insights to all.
Dear Trupti
I hope you have got your answers now - whether or not they jell with your management's policy or whether you are in a position to get them implemented, is a different matter; but I am happy that you now know WHAT is RIGHT !!
Dear Jyoti
Thanks for clarifying your stance.
But let us not ASSUME that it is for the benefit of the employee.
The poor guy must have considered the notice period and accordingly with great persuasion must have got the joining date deferred by more than two months.
Whatever it is; let us not forget that he has complied with the policy.
Then should not your management (if they do not want to keep him any longer) ALSO COMPLY WITH THE POLICY, BY GIVING HIM A TWO MONTH"S NOTICE ???
Now, the question is, YOU DON'T WANT HIS PRESENCE AT ALL !!
Therefore, Should not you GIVE HIM TWO MONTHSNOTICE PAY and ask him to leave immediately !!In such situation, IT IS IRRELEVANT whether he has given any notice or not.
IF you take cognizance OF HIS NOTICE, then you should retain him for TWO MONTHS.
There is no HR knowledge involved here; it is just a matter of FAIRNESS and compliance with agreement. Please consult with any lawyer friend; if you find this incredible.
ELSE, What is the PURPOSE OF NOTICE by EITHER side ?? Let an Employee GIVE NOTICE and you TERMINATE HIS SERVICE IMMEDIATELY ?? Is it not ? I hope you understand what is implied here.
The fact that you had been on the receiving side on earlier occassions, does not change this. More the reason for you being more understanding. In any case, one should always keep on LEARNING new things/facts and GROWING; and that is the purpose of this site.
Warm regards.
From India, Delhi
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