Need your help ASAP.
I want to know whether a company can send a show cause notice to an employee who has submitted his resignation letter and has been briefed about the procedure for relieving.
In this case, the employee was warned for absentism and for taking unauthorised leave.
Secondly, this employee resigned on the grounds of getting a good offer.
His notice period as per his appointment letter is 3 months.
On briefing him again by the HR department about the relieving process, the resource without intimation has walked out of the premises and has not reported to work the next day.
Knowledge transfer, documentation, sign off for the deliverable assigned have not been completed.
In this case, can a company send this employee a show cause notice?
What can be the legal implications?
and can anyone send me a format for such a show cause notice.
Please reply at the earliest.
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M.Peer Mohamed Sardhar
You can always take disciplinary action against an employee who is in the payroll of the Company. The offence could have been theft, sexual harassment etc. . In case of chronic absenteeism and also for other misdemeanors the main reason for Discplinary Proceedings is Corrective Action and not Punitive Action, so show causing in this case will not serve the purpose unless you plan to terminate his services(but his offence must be really serious to warrant termination).
Following things can be done:
1) Deducting pay for unauthorized absence(number of days he was absent without proper sanction) and short notice from Money Due.
2) Holding the Relieve letter till he serves his Notice Period.
YES YOU CAN PROCEED AGAINST THE EMPLOYEE, PROVIDED THE POST HE/SHE WAS HANDLING SHOULD HAVE INVOLVED HIM TO HANDLE IPR AND GODWILL OF THE COMPANY DURING THE COURSE OF EMPLOYMENT.
AND ALSO THERE SHOULD BE A VALID PROOF THAT WOULD BE ABLE TO STATE THAT EMPLOYEE HAS ENOUGH DATA OR INFORMATION WHICH CAN BE PUT TO USE AND CAN HARM THE COMPANY EITHER BY THE EMPLOYEE HIMSELF OR BY ANY OTHER PERSON.
BUT IF THE EMPLOYEE CANT PROVE THE ABOVE MENTIONED CRITERIA, THEN PROVIDING A SHOW CAUSE NOTICE WOULD BACK FIRE ON THE EMPLOYER AND WOULD BE AT TIMES BE LIABLE TO PAY COMPENSATION FOR MENATL TORTURE.
I WOULD SUGGEST, THAT AS A HR PERSON ITS BETTER TO HAVE ONE ON ONE MEETING WITH THE PERSON, AND HAVE OPEN HERAT DISCUSSION, I WOULD PREFFER THAT THE DISCUSSION WOULD SERVE ITS MAXIMUM IF THE SAME CONDUCTED OUTSIDE OFFICE UNDER A CASUAL ENVIRONMENT
How the conditions of employment were communicated to the employees? Is it through appointment letter itself or is there any other communication? Has employee signed this communication?
You can send a show cause notice to the last known address of the employee. You need to mention the following in the letter:
a) Date of employment
b) Current designation
c) conditions of employment (conditions of separation)
d) Items in the custody of the employee.
e) Formalities required while separation
Do you have standing orders well in place? If yes, then you can mention the clause of the standing orders as well.
Do you know where employee got employment? If yes, then send the photocopy of this letter or a second copy of this letter to his/her new company as well.
If possible, talk to the new company's HR manager. Apprise him that the employee concerned did not do proper clearance. This will act as deterrence.
Dinesh V Divekar
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