Octavious
Hr Manager
Neer300182
Hr, Legal Compliance & Er-ir
Rkjain29
Manager - Employee Relation
Kumaresank
Labour & Industrial Laws
Surajkhr
Wel Fare
Sangeetaa Bala
Conceptualising Events As Per Objective
Pbasavaraj
Procurement & Hr
+6 Others

Thread Started by #Sangeetaa Bala

Please advice. If an employee does not come for work and sends you an sms that they are resigning, what is the action that the company can take.
15th March 2010 From India, Mumbai
as per the lw he cant lv job like this. u just hold his salry, and pf. dont go for stlment... amit 9964899526
15th March 2010 From India, Bangalore
Dear Sangeetaa,

Greetings for the day:)

I m not agree with Mr. Shetty, according to me firstly issue a show cause notice to him for clarification and ask him to serve a proper notice period whatever is mentioned in his appointment letter or to compensate your company in absence of notice period.
Simply holding the payments is not a genuine way to deal with employees

In case employee is not responding to your communication then issue a reminder notice in which clearly mention some time and also mention if not responded then legal action can be taken against you.


16th March 2010 From India, New Delhi
The question is quite interesting. In these type of cases, Firstly send a notice to his permanent address, if he doesn't communicate then send the another notice.
If he even doesn't communicate then either u can send him a legal notice or can publish it in a local newspaper & can also send the same to his new company.
16th March 2010 From India, Calcutta
you can hold the salary pf and satlement but befor that according to me there must be a agreement between employer and yee that you have to give a notice before a specified time k
16th March 2010 From India, Ahmadabad
Hey Sangeeta,
If some one is very clear about his/her intentions then no point in beating around the bush. Try to figure out the cause over the telephone or via an e-mail communication. If you can offer a solution that suits both of you then you have done a good job. Else ask him to drop a formal resination letter. Following which you can send him his settlement and relieving order/letter.
Remember there is always another HR/Hiring manager who is ready to lay out a better proposal to one of your guys
Regards
17th March 2010 From India, Pune
Hi Sangeeta
In my view you can do two things
1) Calculate his final settlement if company is due to him, then send a letter with settlement amount and ask him to collect the cheque. if he comes then take the resignation letter and issue the chequ.
2) If he has any amount owing to company then you need to send Show cause notice, reminder notice and so on, as auditors may ask for this.
Cheers
17th March 2010 From India, Bangalore
Dear Sangeeta
Most important action one needs to do is recruit a new person, for that position.
Secondly send a mail asking him to resign, in the appropriate format.
If the company policy of your clearly mentions that dual employment is not allowed then please drop a mail to him that as he has not left company in desired format, he will be held liable for voilation of the company policy, and the company is in a position to instigate a criminal case against the employee, for safe guarding the company's business interests & IPR.
SMS can never be expected as a evidence, and the same has been stated by High court.
The company hs no right to hold back his pf.PF is the right of the employee. Holding back of PF by the employee will cause severe legal problems. The employee make even file ciminal cases against the Directors.
Regards
Octavious
17th March 2010 From India, Mumbai
1) Iisuse him a charge sheet/show cause notice
2) Just see what the terms of contract speaks on this lines
3) If he is covered by Standing ORder of company, act accordingly.
Give us the details of above to advise your better.
17th March 2010 From India, Tiruchchirappalli
nowedays all these issues will come as common error or as problems. but these all depends how much the resignation of that perticular employee will affect the company
* keep quiet - u will save the company some money of his settlement
* send him a communication letter to come & to resign. until hold his settlement
* if he is a senior or responsible or holds any company documents or belongings , send him register post to come to office or proceed with legal notice. until hold his settlement. look after you have followed all HR Policy
17th March 2010 From India, Bangalore
Thank you so much all of you for responding to my question. The person was from the accounts department. And leaving in March in this manner, creates a lot of problems for us since it is the financial year end and being a small organisation, this person was handling most of the work. I can hold back the last months salary in lieu of the notice period. But my issue was about completing the work. Though as ashishd rightly said no point if the person has made up their mind. I definitely don t want the person to come back and finish the work. But just does not feel fair. That s all. Thanks once again - all of you. Truly appreciate it.
17th March 2010 From India, Mumbai
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Dear Sangeeta bala,

you can solve the aforesaid problem as under -

1) If the employee is not in managerial cadre, then as he is not reporting for duty & sending sms, ask him to send resignation letter. if he submit his resignation letter, then waiving notice period, accept the resignation & prepare his full and final settlement and send it to his residential address for acceptance.

2) If your employee is in managerial cadre, then act according to terms of contract (i.e. appointment letter).

3) In case of employee who falls under the definition of worker / employee as per Industrial Model standing order Act, 1946, then you have to follow the principles of natural justice i.e. issue show-cause notice, then charge-sheet, conduct domestic Inquiry (if not responding to Inquiry) then conduct ex-party, and finally terminate his service as per due process of law.

Regards,

N. K. jagtap
20th March 2010 From India, Karwar
can any one tell what type of legal action an employer can take aginst the employee if he is leaving the compnay without clearing its dues and sattelement outstanding.
please advice.
regards,
sachin jaiswal
21st June 2010 From India, Mumbai
all depends how is the company employment policy or standing orders. any how you have good reply from our frnds. the employer can not force a employee from leaving his / her job. that is his right. but proper policy will guide the employer.
22nd June 2010 From India, Bangalore
hiiiii all,, in my company our Accountant cum Cashier left job without any information any legal action can we take..???
3rd April 2015 From India, Kannur
In My organisation Employee Transport given to outsource , beacuse of this company firstly asked to left them with 1 month time and salary for 1 month they all 3 refuse this. Than managment decided to Transfer them at other company offices in metro cities again they are asking for House rent or revison in salary . Management not agrreeing on any salary revison which was clearly mention in transfer letter. Company Providing them Travel expenses of whole family and Shifting Charges .
Please advise
15th July 2017 From India, Coimbatore
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