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.
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.
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
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.
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.
* 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