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Hi everyone,
One of our employee who was in a managerial position left the co. by giving a resignation on 31st 6.30 pm and joined another co. on 1st. Some of the company things like keys files etc are still with him. What action can be taken against him and how can we retrieve the co. documents from him. As per the agreemt he has to give one month notice period or one months salary. Last salary has not been drawn.

dear seema
you give a call to him and ask for the documents he is having,if he does not listen to you than you can file a case in civil court against documents he has taken.
if key is only the issue than donot go for litigatiion and deduct one month salary in lieu of notice .
js malik

Dear All, I need your help plz guide me in setting KRA,KPA of Export Executive,Accounts Officer,Chartered Accountant. Plz seniors help me. Regards, Nupur Verma
dear create your own query and ask help.who will reply here because you are shooting at worng place.someone is discussing about notice pay query and you are asking KPA. j s malik
Hi You may move to civil court and obtain an injunction against him . Get in touch with a good counsel dealing with service matters. Best Jai
Dear Seema,
Action No. 1: You should immediately write to him that he will not be officially relieved till he hands over all the charge.
2. Withhold his payments arising out of settlements.
3. Dont give him experience/ relieving letter.
3. As stated by Mr Mallik please take last recourse to move the court.

If Salary is not yet deposited stop Salary and remmittence also Send him letter (By register A.D.) for absconding this is first step. After a week send him second reminder and after 15 days if no reply comes send him a termination letter with the cause and proper clause with refference to your appointment leeteer. Also Mention about the clause of notice period in it. After that in your full and final settlement recover all the cost and send that full and final to him by register A.D. and ask for Demand Draft or Cheque of due amount. If he does not re pay you then only you can sue him.
Agree with Mr J S Malik. Only immature or low level employee will normally do this. Normally Phone talk will resolve the issue. In some cases if you are aware about his new employer, you may also inform him or his HR (But before that do try one to one with the employee).
You could send a letter stating that he is not relieved and mention the items which were under his custody give him time to hand over the same. If need be you could state in the letter that if the material under is custody is not returned, you would initiate action including lodging a police complaint. You have another option of marking the copy to his present employer.
All other including holding his salary and not issuing relieving letter you could do so.
P. Hari8-)

Dear Seema,

First question arises whether the resignation letter has been accepted or not.

If not accepted you would have to write to him that his resignation letter is not accepted, and he shall be declared absconding if he does not resume duties within a specific time frame. Also you have to mentioned therein that he is absconding with Company property, and the Company would initiate criminal proceedings against him, if he fails to return them. Also you would have to mention therein that he shall not be relevied from the services and no releiving letter would be issued.

Secondly, please check and confirm the terms and conditions of the employees Appointment Letter. It would resolve most of your queries. If the employee has not served his Notice period you get a right to invoke the same, and claim money from him.

Thirdly if he does not join or return the documents, write a letter to his new employer, putting forward the true facts.

If the documents and other things in custody of the said employee are important, then file a FIR.

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