Employee doesn't want to serve a notice period and came to me for suggestions as an HR to know what is suggested

Hello all, One of my friend's managers shouted at her very badly she tried all the ways to answer him politely, it's been more than half an hour, and still he didn't stop in spite of his raising his voice volume. She said she wanted to quit the job and leave the place from then. She has not attended her duties. This happened last Wednesday because of silly mistakes. She didn't want to serve a notice period and came to me for suggestions as an HR to know what is suggested. I, too, don't have any idea.
Please suggest how she can get her reliving letter and salary for the month she worked.

Regards,
Vasavi

Guys please respond to this plz.. few more points i wanted to add here.
It's a small startup company and he is also a CEO.
Everyone has three months notice period. My friend saying if going(to serve three months notice she is not ready to take any toucher from him) is like loosing self respect that she don't wanna to it.
Friends plz help her with ur valuable suggestions.

Dear Vasavi Vasu,

Unfortunately, one of your company's employees became a victim of the toxic atmosphere at the workplace. The startup CEOs have acquired notoriety for their toxicity, whimsicalness, etc. Nowadays, talented employees are refraining from joining the startups.

Anyway, coming to your question. Yes, the woman employee is eligible to receive her salary till her last working day. As per the appointment letter, the employee is required to serve the notice period. If the CEO resists paying her salary for not maintaining the sanctitude of the terms of the appointment letter, then he can be reminded that neither there was a term in the appointment letter that authorised him to shout at the employee continuously for half an hour. Adhering to the terms and conditions of the appointment letter has to be done by both sides and either party cannot remember or forget it as per their will.

Thanks,

Dinesh Divekar

in the given circumstances, it is better if she quits immediately and forgets her salary of the remaining period she has already worked. Only problem is the relieving letter, which she will definitely not get.

Hi as a human being everyone looks for pride and dignity not for discrimination. Please let her comment what exactly happened. Whether, any POSH related issues, she will have very right to raise her voice.

On any a/c it's not possible to deny salary for the days she was on duty. If she is prepared to resign, she is entitled to do it. But the catch is the notice period. My suggestion to you is, you may better talk to the CEO, get her relieved without a murmur. Think of this possibility-what if she lodge a complaint of harassment against the CEO for lowering the dignity and causing mental stress due to his misbehavior in work place? Better sense should prevail.

Mr. Kumar,
Under which act will she successfully file a complaint of harassment for lowering dignity or causing mental stress? This is a startup and he is the owner / promotor.
That does not amount to sexual harassment, so POSH act does not apply.
if you know any other act under which she can get a relief, please let me know

Dear Mr.Saswat,
I'm not suggesting anything. I only pointed out such possibilities. My fear is, we don't know what transpired between them, what had happened, what kind of words used and whether there were eye witnesses or none. If only these two were there anything would have happened, we never know and one cannot rule out the possibility of developments sequel to the incident taking to unimaginable proportions. I wish only to restrict myself with this for obvious reasons. I have seen a few scenes of such nature taking unimaginable proportions. Pl.see what I stated in my post-.
...Think of this possibility-what if she lodges a complaint of harassment against the CEO for lowering the dignity and causing mental stress due to his misbehavior in work place? Better sense should prevail......
It did not mention 'sexual' etc. I only wish to drive home my point what attitude one should display while interacting with a lady employee.

Mr. Kumar

I now get your point.
But the original post was from an external HR person (apparently not connected with the company) asking in puts on how the employee can go without notice but still get her salary. Legally, the company can refuse to pay the salary, claiming a set off against notice pay.

Your advice would be sensible if he was the HR of the company trying to prevent a problem. Here he is an external person (from what I see of the post). He can take up the point as a mediator, if the company and the CEO is bothered with mediation. Else, there is very little legal recourse, from what I can see.

In this circumstances, you need to follow the terms and conditions laid in an appointment letter. The employer can allow without notice on payment of notice amount from the emploee,if his/her absence can be managed easily.