Dear All,
One of the employee who joined a week ago and wants to resign now. He is having 2-year bond which he already signed on the joining date by agreeing terms and conditions. So we called him for meeting to discuss. He started giving his reasons
1. Not interested to work because of bond
2.not interested to work on Saturdays
3.Need more salary
for the first two points we already communicated with him before joining. for 3rd point we are ready to accommodations charges as (12K) every month.
Still he is not saying ready to continue. Kindly suggest how to proceed with this and wanted to add one more point. we have waited him to join for 90 days.
Regards,
Vasavi
From India, Bangalore
1One of the employee who joined a week ago and wants to resign now. He is having 2-year bond which he already signed on the joining date by agreeing terms and conditions. So we called him for meeting to discuss. He started giving his reasons
1. Not interested to work because of bond
2.not interested to work on Saturdays
3.Need more salary
for the first two points we already communicated with him before joining. for 3rd point we are ready to accommodations charges as (12K) every month.
Still he is not saying ready to continue. Kindly suggest how to proceed with this and wanted to add one more point. we have waited him to join for 90 days.
Regards,
Vasavi
From India, Bangalore
Every decision will involve a risk, and that principle applies both to you as an employer and him as an employee. after waiting for 90 days, you have inducted him, but suppose that if you find that he is not at all performing, and his attitude is very bad, and you finally find that he will not add any value to the organisation. What will you do? You will ask him to go. At that time you will just forget about the bond which should be one sided (as always), right? In the similar way, the employee should have resigned from his organisation, remained there for 90 days, and joined you by agreeing to remain with you for two years. After joining only he found that your attitude is not positive, the work culture (of the organisation) is not as expected. He should also have the option of leaving you.
Legally you cannot enforce the bond. So far you have not given him any training also. If he leaves you, you cannot take any legal action against him. Right to work (with an employer one likes) is a fundamental right. He can say that this is not the employer you expected. The decision to join you was a wrong decision. Therefore, considering that decision to offer employment to this employee and decision to wait for this employee for 90 days were wrong, you should allow him to go. There will be a business loss. That should be treated as one of the many losses that you may have in the business.
From India, Kannur
Legally you cannot enforce the bond. So far you have not given him any training also. If he leaves you, you cannot take any legal action against him. Right to work (with an employer one likes) is a fundamental right. He can say that this is not the employer you expected. The decision to join you was a wrong decision. Therefore, considering that decision to offer employment to this employee and decision to wait for this employee for 90 days were wrong, you should allow him to go. There will be a business loss. That should be treated as one of the many losses that you may have in the business.
From India, Kannur
Thankyou for your response.
That means employee only have all the rights to do anything according to their wish. Employer should keep quit. How can this be right sir. If so tomorrow some other wil come and try to do the same.. Stil we should be the same..
Regards,
Vasavi
From India, Bangalore
That means employee only have all the rights to do anything according to their wish. Employer should keep quit. How can this be right sir. If so tomorrow some other wil come and try to do the same.. Stil we should be the same..
Regards,
Vasavi
From India, Bangalore
Yes, the employee only has rights under Labour Laws. the employer can certainly refuse to give employment. If he is ready to offer employment, he should understand that it is not just to give employment that he is doing business but beyond that he would get a return on investment. If he can do the work by himself, let the employer do it. Who said that he should employ a worker? If employed, he should follow the law of the land.
From India, Kannur
From India, Kannur
This is completely unfair to the employer. ya its correct employer pay salary for the skills he used for. its a mutual. If he is not performing well we wil not terminate immediately will see if any training and development methods helps to perform well after this also if not performing, we wil inform three months prior. this how every organization follows.
But when it comes to employees this is not happing.
From India, Bangalore
But when it comes to employees this is not happing.
From India, Bangalore
You can insist for the notice period requirements as per the contract of employment. But that too is restricted to such kind of human resources who do not hold any supervisory or managerial powers and responsibilities. But enforcing bond to make him work for you for two years is like bonded labour. That is not permissible. Yes, if you have any quantifiable cost by way of training and skill development, you can recover that amount if the employee is leaving you after gaining skills from you. But the cost should be specific and quantifiable.
An employer is always at a higher level when he is offering an employment to an employee, and the employee, certainly, will get an upper hand when he is confident that his skill is useful to the employer. Obviously, he will bargain and fix a comfortable fee, remuneration for his service. This happens when the supply of human resource is inelastic also. At the same time if it is highly elastic, plenty of manpower will be available in the market, and you can chose the one who accepts your offer. They will work, but discontentment will make them to bargain collectively. The result will be forming a trade union. In my service of more than three decades I have had the opportunity to deal with both these categories of human resources, hiring highly skilled and unskilled and or from the highly inelastic and highly elastic markets. If you recognise them as capital you will win, otherwise you will lose their confidence. It is really unfair and that is why the employers voice in their forums. Issues are less in IT not because they do not know to escalate their concerns and grievances but because there exists a wonderful association of employers in the IT and ITES. The harassments at Big Four like MNCs will come to light only when Annas take their lives for the employers,,,,,!
From India, Kannur
An employer is always at a higher level when he is offering an employment to an employee, and the employee, certainly, will get an upper hand when he is confident that his skill is useful to the employer. Obviously, he will bargain and fix a comfortable fee, remuneration for his service. This happens when the supply of human resource is inelastic also. At the same time if it is highly elastic, plenty of manpower will be available in the market, and you can chose the one who accepts your offer. They will work, but discontentment will make them to bargain collectively. The result will be forming a trade union. In my service of more than three decades I have had the opportunity to deal with both these categories of human resources, hiring highly skilled and unskilled and or from the highly inelastic and highly elastic markets. If you recognise them as capital you will win, otherwise you will lose their confidence. It is really unfair and that is why the employers voice in their forums. Issues are less in IT not because they do not know to escalate their concerns and grievances but because there exists a wonderful association of employers in the IT and ITES. The harassments at Big Four like MNCs will come to light only when Annas take their lives for the employers,,,,,!
From India, Kannur
Dear Vasu
You are complaining of how employers have no rights and everything is with the employee
Have you checked how many cases are there of employers terminating employees without reason (or for non-business reasons) or just out of spite? Or how many cases there are of recruitment that happened even with companies like Infosys where the joining date is not given for a whole year?
You have a bond and want him to honour it (which is an illegal bond in india)
But are you willing to honour it? Are you willing to continue employing him for 2 years even if he contributes nothing or if the particular job / function / client is eliminated?
I am pretty sure you will be getting rid of him without a second thought, so no, your contention that the employee has all the rights, is definitely erroneous.
From India, Mumbai
You are complaining of how employers have no rights and everything is with the employee
Have you checked how many cases are there of employers terminating employees without reason (or for non-business reasons) or just out of spite? Or how many cases there are of recruitment that happened even with companies like Infosys where the joining date is not given for a whole year?
You have a bond and want him to honour it (which is an illegal bond in india)
But are you willing to honour it? Are you willing to continue employing him for 2 years even if he contributes nothing or if the particular job / function / client is eliminated?
I am pretty sure you will be getting rid of him without a second thought, so no, your contention that the employee has all the rights, is definitely erroneous.
From India, Mumbai
Ask the employee to leave by paying the damage in lieu of bond and notice amount.You call the employee for the discussions to settle the matter by paying the amount or else terminate him.
From India, Mumbai
From India, Mumbai
Saswat,
Legal or illegal is a subject before of the court. The employee want to quit have to abide by the terms of employment.
The employee should challenge the Bond, in grounds of violation of employee's freedom or making bonded labour at the cost of bond. Why did one accept the offer or sign the bond and buy out the times from employer is a matter of question? The employment starts only after one accepted the terms and condition and no one compel to do so Or used any force, rather his own dicision.
From India, Mumbai
Legal or illegal is a subject before of the court. The employee want to quit have to abide by the terms of employment.
The employee should challenge the Bond, in grounds of violation of employee's freedom or making bonded labour at the cost of bond. Why did one accept the offer or sign the bond and buy out the times from employer is a matter of question? The employment starts only after one accepted the terms and condition and no one compel to do so Or used any force, rather his own dicision.
From India, Mumbai
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