From the text of your note it is not very clear as for how many years the employee was serving your Organisation. I mean whether he has any balance leave, LTA or other dues which perhaps can be adjusted than spoiling his career in his new Organisation. As regarding PF you cannot do anything as he can transfer that in his new account from his present Organisation. You can perhaps write a letter in case he is entitled to Gratuity to settle all his dues before settling his terminal claims.
If all efforts fail you need to talk him out and make him understand the pitfalls he will be in once the matter is reported to his present employer.
Ryan has answered your question very well.
What was duration of time he spent with your company? If it was just a few months, he may not show it on his cv.
Nevertheless as some of our friends on this site have rightly mentioned, find out the cause of this behavior. You would be able to address the issue in future, before a similar case occurs again.
I am in consonance with Ryan. There is no way you can legally stop the PF under any circumstances. Its a legal offence.
Corresponding with the employee is the only way. To put the fear in him you can even send a legal notice from your company advocate, wherein you can mention that the employment terms have not been fulfilled by him and he owes the company atleast one months salary.
This has worked in one of the cases which was quite similar, whereby the employee paid up the due amount.
How have you come to a conclusion that he has left the job. You surely have his contact details; try to get in touch. May be he is in trouble and needs your assistance.
If however he has chosen to abscond/abandon his job please follow up with the legal requirement of sending repeated notices with request to rejoin duties forthwith. Having given adequate opportunity to reply/put up his end of the story, you may give him a termination notice; once again giving him opportunity to respond. If no reasoned reply is received within stipulated period then a termination order be sent ias an ex-party decision.
Remember we as an organization can not act irresponsibly and must act within the legal framework without vendetta.
Brigadier Ashwani Kumar
Sorry for replying you so late.
In this regard my views are as follows:
(i). The new employer will definately does his reference check with previous company, that time we can intimate them about his sudden relieving without any infomation.
(ii). Resignation let and relieving letters are very very important when we are going to join any new organization, but THIS IS ALSO A FACT many times companies encourage candidates to join their organization without doing any paper formalities. In that case, candidates done this type of mistakes.
Hope this information will help you.
Sr. Exe - HR
I had gone through the suggetion , I like to inform you that we had same situation where candidates just left the job after getting the salary. We had stop her salary cheque which we had issued to her and ask her to submit all the documets which she carry out at her home, plus hand over the work which she had done in past few days along with resignation letter rather then issue of termination letter which may spoil her career in future.
But instead of submitted al papers , she send us the legal notice for cheque bouncing under section 138 as well as put up all false points.
Considering the all fact and behavior of many candidates I feel that we should not waste our time or bothered for candidates career , take appropriate action imm.
Sorry, I don't have the formats with me at the moment. I can give some guidelines to the process as I have understood it.
ALL letters should be sent by Regd AD at the employee's last known address as per records in order to have any legal standing in court.
1) This must be very polite.
2) You must mention specific dates of absenteeism in this letter
3) Express concern for the employee's well-being.
4) End by asking to him / her to contact the HR or reporting manager immediately on receipt of the letter.
1) should be sent after receiving the Regd AD of 1st letter
2) should be polite but stern as well.
3) should draw reference to the first letter
4) should again express concern about employee's well-being
5) should mention the lack of response to the first letter
6) Again ask him to contact the HR or reporting manager immediately on receipt of the letter.
1) should be sent after receiving the Regd AD of 2nd letter
2) should be polite but more stern.
3) should draw reference to the first 2 letters
4) termination notice should be mentioned giving reason of lack of response to the earlier letter.
Other members may please add anything that I may have missed.
I am from a real estate company. In our industry its a common trend now a days that people take salary and stop coming to ofice. While most of them send resignation letter but some people do not bother.
Here the main issue is why they are leaving the company in that way. Are your exit policies employee friendly? I hope they don't have to wait for months to get their full and final settlement. Such things generally compel the employees to take such steps.
In this case you can send him a warning letter and give him some time to explain the things. Ask him to do the formalities as he might need some help of the company in the later stage of his career. Make him understand this point and try to close the things on a positive note as the employees who are leaving the company can be used as pur brand ambassador. They join our competitors and convey the good things of our company to other people.
Further, all benefits accruing to him are due legally.
You could declare an absconding notice subsequently, in the newspapers if the situation so warrants and the position of the employee involves interacting with the public.
Hope this helps.
I agree with Ryan. Please do not be reactive and please do send the three letters that Ryan has asked you to send the employee.
Also, like some of us have mentioned ,employee behavior should be considered. It may help you find if there are any problems of concern within the organisation, team etc..
And if it is just irresponsible and in considerate behavior, do not fret. You can always spill the beans in the cross verification.