What An Employer Do , If His Employee Leave The Company Without Notice Period - CiteHR
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Samvedan
Consultancy_hr & Ir
Elizabethpaul05@yahoo.com
Purchase Executive In A Steel Mill
Rafiq@exalgia
Business Head
+6 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Hi , I belong to a middle class family , started my company with a working capital of 20 lakhs rupees , but my employees cheated me , for the first three months they have not performed at all , and when my manager asked them about performance review , they left the company without servicing the notice period,I suffered very badly financially , What we can do to such employee . suggest me ,
It was properly mentioned on there letter of appointment , they have to serve one month notice period ,or in lieu to one month salary .

Hi Nadeem,
If it is any left out in their salary or their leaves can be compensated, even if they don't have any leaves, we can't do anything about this,,, as you said it was only three months, even the PF can't be applicable for them.... its a worrisome issue which you are facing now. if you are go by legal,,, frankly speaking its wasting of money as well as time... my only advise is while recruitment be careful for whom you are selecting...
thanks
shivam

As being an Employer please try to find out the reasons why people are interested to leave the organization ( & why they are compelled to abscond the services ) if you could prevent this, I am sure this will help you to create better working culture for your organization.
Leagal action should be the last resort in the above cases.

Send them legal notice through a decent(???) lawyer and initiate appropriate legal action against them.
In the meanwhile hold onto any dues payable to them.
It is clear that they have taken undue advantage of your being new to the business.
Please contact me on my Mobile and I will give you more advice on this.
Vasant Nair
09717726667


please take the exit interview and ask the person who are leaving the organisation why he leaves it? and write down the thing which he wil tel u for leave the org. Make a note and take care the same thing while selecting the new candidate.

Dear Mr Nadeem,
After 3 months you or your manager asked about performance. Till that there might be few meetings like daily, weekly, monthly with employees. In those meeting you should have come to know that something wrong is going to happen. Kindly analyze all the aspects & take care in future.

Dear Mr. Nadeem,
Agree with Shrinisar. It appears that you might not have been involved in the say to activities of your business since beginning and depended on the employees. With a new business, it is all the more important that you keep some personal involvement on the day to day business affairs and preferably review the business on weekly basis. Right now, going into legal hassles with those employees will only be a waste of your limited resources and time. Suggest please be careful in future.

Hello,

At the outset I am in full sympathy with you over the situation you have landed in! Having said that, permit me, on the basis of the brief information provided in your post, to make a few observations.
  1. Extracting work performance is the employer's responsibility. He cannot blindly rely upon the "goodwill" of the employees engaged by him.
  2. If for three months the workmen have not performed to your expectations what was the supervision busy with otherwise?
  3. What exactly transpired between your Manager and the workmen?
  4. If you have not employed too many people, just why the dialogue could not take place between during the period they were on your rolls or at least when they had to be questioned for non performance?
  5. You are a member of private sector industry. The rights and obligations of the parties (employers and the employees) are primarily limited by the stipulations in the contract of employment-meaning the letter of appointment and/or letter of confirmation and/or relevant case law on the subject of employment/non-employment and breach of contract.
  6. Labour law has no remedy. You may proceed against your workmen in a civil court of law on the issue of breach of contract. But you must know how long drawn such litigations are and how the lawyers will make money that what you MAY at the end get as compensation (that is if at all you do!)
  7. Your time, talents and resources will be wasted in persuit of seeking to punish your employees who have acted in breach of trust.
I am NOT shielding your employees in anyway but I wish to draw your attention to a simple fact that cost of remedy will be way too high in comparison to the dicease and in such case will in all likelihood be uneconomical! Your employees have undoubtedly behaved in a disgudting manner and therefore they cannot be condoned. But it will be easier for you to put the sad episode behind you, start afreash, focus on competent man management skills and rise to realise your dreams through smart work.

I have not understood how you have suffered very badly because your employees have left the company without serving the notice period!

Finally one must remember that often not bad workmen but the bad supervision causes more problems to the organization. If you like to share more details on the situation, please ask questions and I will answer to the best of my ability.

Regards
samvedan
August 14, 2011
--------------


Hello nadeem,
Samvedan has put things in the right perspective & hit it 'Bull's Eye', so to say.
While agreeing with Samvedan, let me also add that such situations for a 'first-time entrepreneur' is NOT UNCOMMON'--hailing from the middle-class only adds to the woes. But that's a part of the learning process--albeit a costly one.
First & Foremost, pl begin to learn a few things/aspects of conducting your business.
1] You are running a commercial venture--NOT CHARITY. So the very first moment you notice something that's NOT RUNNING as per plans, TAKE ACTION--for which 'Continuous Supervision' becomes primary, the key word being 'Continuous'. In a way, I would blame YOU & your Manager for this situation. Forgive my using these words, but What was your Manager doing till YOU realized about the performance?
2] I wouldn't use the words you used: my employees cheated me. Pl learn to take responsibilities for YOUR ACTIONS. YOUR CHOICE of people was bad, which resulted in such a situation. Just learn from this experience & move on--if you begin to think in terms of 'legal action', etc @ a time when ALL YOUR FOCUS, TIME, ENERGY, EFFORTS & OBVIOUSLY MONEY have to be towards restarting your business & stabilizing FAST, just think if 'legal way' is the right direction to go.
3] Next, it seems as though the Daily/Weekly/Monthly targets weren't properly laid-out for the employees WHEN THEY JOINED. Else such situations could have been caught much earlier & MORE IMPORTANTLY, BEFORE all the employees formed a cartel.
As a general Thumbrule, while it is good to devise plans/rules/policies that PREVENT such situations to arise at all, in the First place, also remember that THEY WOULD STILL CROP-UP from time to time--however much you tune-up your Hiring practices & Reporting structures, you sill still end-up hiring 1 or 2 such characters. So FROM THE MANAGEMENT'S perspective, when refining your policy framework, try to focus MORE on 'how to handle' such situations, IF & WHEN THEY ARISE.
4] As far as possible--UNTIL YOU STABILIZE--try NOT TO HIRE too many people known to you directly [especially relatives] over whom you may not have too much of an official/formal control, @ the working level.
5] Since you haven't mentioned your area of business & what damage your ex-employees did, I wouldn't be able to suggest anything reg that aspect. But just bear in mind, IN GENERAL TERMS, that there will ALWAYS be multiple ways to conduct one's business leading to the same goal. Take it from me--I will bet my last paisa on this. You only need to do some brain-storming to come out with the alternative Plans-of-Action--and put them into practice. THAT'S ALL.
And lastly, pl note that I haven't written these lines on a theoretical basis. They are from personal experience.
All the Best.
Rgds,
TS

Dear Mr. Nadeem while selecting people u should take care.or else u can make bond for some time period while selecting people and regular check ups should be there to find out the work enviroment .

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™