Tania_m
Hr Mgr
S Kumar
Hr Executive
Ramya Shankar
Hr Manager
Tulasipothuganti
Associate Consultant

Dear All,

In My Company( located in Pune Maharastra), one employee has left the Job & Last working Date is 14th December 2006. He has not completed the project assigned to him. He has given the resignation Letter on 24th November 2006. In our Company the general policy is 1 month notice period, but sometimes, management can permit or accept the shortfall notice too, once they completed all procedure without any pending.



The candidate has promised that he can finish before 14th December or he can complete his task before end of December on working holidays - Sunday & Saturday & can finish it before end of December 2006. Therefore management has accepted.



But now he has not completed as well as not reported as per his promises.



So the management wants to send a letter, so I have framed

Body of the Letter:



We are disappointed and humiliated by your behavior. On Investigation, it has been noticed that you have not completed the project assigned to you as well as not properly handover the charges.

Shortage in Notice Period:

Any Employee has to serve one month notice for separation. Management can accept the shortfall Notice only in case if the candidate can complete the Project before the said due Date. You have given the Resignation on 25th November 2006 & Your Last Working Date is 14th December 2006.As per the policy 11 days are shortfall. As per your promise you have not completed the project on or before 14th December 2006.

Also during the resignation Period, you have not reported regularly, you were absent for more days without obtaining prior permission & intimation.

We are requested you to report to the office within eight (8) days after receiving of it. Otherwise it would be understood that you are disregard it.

If you fail to report within the stipulated time, in that event, management will be at liberty to take appropriate legal action against you without making further reference to you.

But Management wants to have better than this; he wants the format look like legal notice.

Can anyone help me in this?

Regards,

Ramya Shankar

From India, Pune
Did you people settle his full and final even before he completed the assigned task and handed over the responsibility to somebody else :!: :?:
From India, Gurgaon
Dear All,
We have not settled his due & service certificate.
His one month salary is holded.
He has joined now double the salary so he is not interested abt it.
He has already joined in new co., he might have given the salary slip, appt letter etc to the new company so they may not interested or bothered abt Relieving letter as well as service certificate.
our Company is small in size, he was doing some new inhouse project & technology 20-30% left to be completed. he only knows wht he has done wht to be done, etc. if we appoint new person it is lost to the co. he has to understand & will take time to complete.
Earlier there was no hr, so proper appt, letter was not given,we have no hold to mention appt. letter pt or agreemnet/ bond.
But we threaten him, so i need the legal letter pattern.
regards,
Ramya Shnakr

From India, Pune
Ramya
I think instead of going into the legal hassles, some intermediary (some good friend of that employee in your organisation) can try to convince him about the problem. If that doesn't help, may be try to speak to his new boss telling him about your problem and request if they can spare him for some time atleast.
I guess these legal issues won't help at all. Then the employee might get a powerful backing from his existing organisation.
This is what I feel. let's wait for others' views also.
Tania

From India, Gurgaon
Hi ramya,
I have gone through your posting.
If that person has submittied the resignation letter should be accepted by your company, and companies never accept the letter unless and until he has completed the given tasks. Moreover for joining the other company he should have the cheklists such as your company releving letter,appoitment letter,salary slips, and bank statement for that he will getting in touch with yoy people right so do not take legal actions or something which could be spoiled for his further company..... so you can wait for him......
This is my opinion this could not be right but i found tht its also one way.
Regards,
Tulasi
Associate consultant.

From India, Hyderabad
Dear All,

Thanks for your inputs.

I have no idea abt his current company name, even i have checked his friends, they r not ready to inform, since he might have instructed them to do so.

He know better than anyone abt the current status of his job & company requirement, noone is required to inform him. Bcos it new inhouse R&D project handled one & only by him for that past 1 yr .

I think it is better to send directly mail/letter to threaten him that if he is not do favour to us, we will take legal action on him . if he is not responded, then we can find his current co. etc. as next step.

We know well that legal action will not be work out, since we don't have any source such as proper appointment letter,agreement etc.

Some has suggested that he will come back to collect his dues & Certificate.

Acc. to me, I think he won't come back. Since he has joined & he is working in current co.from15th Dec to today 1 month.

Nowadays, most of the co. does not botherabt all the procedures & creditability, if they find the suitable candidate they appt immediately with 100% hike.

He has all month saalry slip, he took signature from HR dept mostly, & he took some salary certificate & other details for his loan ( in letter has mentioned for loan )so I think it is sufficient for proff of his employment.

He got provisional relieving letter mentioned that his LWD is so on, he will be properly relieved once there is no pending. In that nothing was mentioned abt his salary, service.

Thanks,

Ramya

From India, Pune
Hi Ramya,

I think most d companies play "games" with their employees...Win-Loose game...and in d end they get wat they used to give...distrust...employees start playing Win-Loose game...in which they will win and d comp will loose...(sometimes they start playing Loose-Loose game)

How can one expect an employee to stay in d comp when he is getting 100% salary hike...? Is it fair...if d employee was of so importance to d comp...y did nt you let him knw this...by giving rewrd and recognition both...is nt it unfair to ask sm 1 to work on an R&D job without any team member...just imagine an employee who is working all alone ...nobody was knowing...or even cared to knw wat all he was doing.

I am also working in a small company (less than 50 employees) ...however we make sure that the knowlege stays back in company when d employee leaves ...by working in teams ...atleast a team of 2 employees...also we ask d employee to work as an external consultant and train d current employees...we give d employee a well deserved "SendOff/farewell" party and anounce in d party that d employee will start working as an external consultant...it works in my company.

Plz dnt mind if I made sm not so gud statements.

Shashank

From India
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