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 despite raising his voice volume. She said she wanted to quit the job and leave the place since then. She has not attended her duties. This happened last Wednesday because of silly mistakes. She doesn'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 relieving letter and salary for the month she worked.

Regards,
Vasavi

Guys, please respond to this, please. I wanted to add a few more points here. It's a small startup company, and he is also the CEO. Everyone has a three-month notice period. My friend is saying that if she serves a three-month notice, she is not ready to take any pressure from him, as it feels like losing self-respect, and she doesn't want to do it.

Friends, please help her with your 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 until 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 there was no term in the appointment letter that authorized 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 at will.

Thanks,

Dinesh Divekar

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

As a human being, everyone looks for pride and dignity, not for discrimination. Please let her comment on what exactly happened. Whether there are any POSH-related issues, she will have every right to raise her voice.

On any account, 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 so. 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 lodges a complaint of harassment against the CEO for lowering the dignity and causing mental stress due to his misbehavior in the workplace? Better sense should prevail.

Mr. Kumar,

Under which act can she successfully file a complaint of harassment for lowering dignity or causing mental stress? This is a startup, and he is the owner/promoter. That does not amount to sexual harassment, so the POSH act does not apply.

If you know of any other act under which she can seek 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 were used, and whether there were eyewitnesses or none. If only these two were there, anything could 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. Please 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 the workplace? Better sense should prevail...

It did not mention 'sexual,' etc. I only wish to drive home my point on what attitude one should display while interacting with a lady employee.

Mr. Kumar,

I now understand your point. However, the original post was from an external HR person (apparently not connected with the company) seeking input on how the employee can leave without notice but still receive her salary. Legally, the company can refuse to pay the salary, citing a set-off against the notice pay.

Your advice would be reasonable if he were the HR of the company attempting to avert a problem. In this case, he appears to be an external individual (based on the post). He could address the issue as a mediator, provided the company and the CEO are open to mediation. Otherwise, there seems to be very little legal recourse available.

Thank you.

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