Urgent Need Advice For This Issue, Ur Comment Or Advice Are Appreciate! - CiteHR
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Good day~
Hi, facing a problem which is my company notice one of my staffs actually absent for works few days ago, and we heard the other colleagues was told us that this staff actually has personal matter and family problem occurs and need to back hometown settle. So we gave an offer to him settle his things thn come to work. But it seems like 2weeks already, and we do not enough staff to work for us, so as we discussed, we suggest him to come to work within period we provided or else give notice to resign.
So he choose to resign without one month notice. Yet! the next day, we found him working with another COMPANY! So, as your opinion... what should we do in this case? shall the staff should pay us any penalty or wht??
Kindly advise any action what can i do?? Thanks alot!!

Hi Friend,
Your company allowed him with intention and on Humanarian ground and he has misutilized the same hence better to send him a notice saying that he has to complete the relieving formalities failing which legal action will be initiated. If possible send a copy to the present employer also.
Even after that he has not responded then post in leading news papers. It is my opinion as he let the company down, let our senior friends also given their opinion & basing on the same take a call
Regards - kameswarao

Dear,
If he has given the notice period then you cant penalise him, if has not given then yes you can always go with the option of penalising him as he is liable to share the same empathy which the company shown towards him.

Hi,

In this situation you can collect the recovery amount from him against the notice period. We are following the same policy if employees not providing notice period as per the terms of appointment letter. If you have the contact details of that company where he is presently working then send the intimation letter to them regarding his dues & pending relieving formalities.

Regards,
Aadhya


thanks alot for your advice friend..
so should i provide a letter to notice that he is giving fraudulent statement and misconduct to company and punishment of suspension without wages imposed? or maybe company can considered as tendering resignation while subjected to payment in lieu of notice??

Hello thurtle84,

There are 2 issues in your guy's case.

1] Whether to make him pay the Notice period amount or not--since he didn't give any notice.

2] What you said-- "giving fraudulent statement and misconduct to company".

I think the second one is more important to handle deftly & firmly--since it will give off signals to the existing employees on the Company's stand to such situations if they occur again. What signal YOU want to give is your choice. How you handle this guy w.r.t. this aspect won't be very important from the long-term perspective--maybe in the short-term, it will.

If you have the records, go ahead & issue Show-cause Notice [with the help of a legal guy] to him & tell him clearly that if his reply is found unsatisfactory, you will exercise ALL options including going public with how he misused a humanitarian gesture on the Company's part [I don't think you need to inform him the EXACT steps you intend to take--including informing his present Employer]. Let him make his own conclusions w.r.t. the meaning of 'public'.

Reg the First point, if he has any leaves, maybe they could be adjusted. Or if you wish you could include that too in the Notice.

You have not indicated anything if his work was handed-over to another employee.

Rgds,

TS

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