Nitin Garg (Director) 13 April 2010

Employee not serving the notice period

What is the best and the most low cost way to proceed if an employee refuses to serve the notice period. We hired an employee 1 month back and according to the agreement that she signed on she was to serve a minimum of 1 year of service and give 1 month notice of separation. She very unprofessionally just sent an SMS that she won't be able to work because she is not able to find time for her studies. Something that is neither emergency nor came unplanned.

She is not ready to serve the notice period and not even ready to come till we find her replacement. Her husband refused to compensate for the notice period and challanged us to do whatever we wish saying that legal system is so paralysed that we cannot do anything against her. Please tell us the best way to proceed further, we don't want her to just walk away free nor we want to spend too much on legal processing.

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3 Replies

radha krishna (vp-hr) 14 April 2010

Please let us know the terms of agreement. Action to be based on the agreement signed by the parties.

Regards.

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Nitin Garg (Director) 14 April 2010

There were two terms relevant to her exit

1) She needs to serve a minimum of 1 year of service in the organization, if she decides to leave early she can do so by paying amount equal to two months salary.

2) She needs to serve a notice period of 1 month, if she doesn't do that then she would need to pay the salary equivalent to unserved notice days.

She didn't serve even one day of notice period, as soon as her first salary check realized she sent an SMS saying she cannot work anymore.

venkatkrishna (AGM) 28 May 2010

Mr.Nitin

I can understand your concern. But one thing, now a days both Employers and Emploees are not having any ethics. We have to blame both. If employer takes any action on employee for not serving the notice period etc, it gives wrong message in the market.

We cannot insist human to work once he/she decides to go, they cannot / never perform even if you keep them 2 or 3 months. Always it is better to allow the employee at the earliest. I tell you one example, employers always search for experienced staff for some key positions. Am I right? The employer can get the desired candidates from the competitors only. On the other hand at the time of recruiting the same employer putting restrictions in the employment contract i.e “on separation, the employee should not seek any employment in the similar field or in competitor”. How absurd it is. An accounts guy can do only accounts wok, an IT guy can do only IT work. Like HR background guy can show interest in HR dept only. How we being humans can restrict another human not to work in the similar field. How he can survive? Our education system is not producing multi skilled candidates. Doctor cannot perform engineering work. An Accounts person cannot perform in Legal Dept.

Sorry, your topic is deviated. Finally what I want to say, Please do not go on egos. Let them live on their wish. If there is a mis appropriation or misconduct definitely take action. Employee mis behavior cannot be tolerated