Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+2 Others

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Dear Senior,
I am working for small IT firm. I have one query that is one of our employee has left our organisation without giving an prior information. He has left our project incomplete & which has cause a lot of problem for us. They have joined the new company.
Can we ask the HR of that Company that how they have employed him as we have not relieved or terminated yet.
Regards,

From India, Mumbai
Hello mdkurlekar11,
Have you first informed the ex-employee about the consequences of his action @ your end?

Suggest send him a mail/letter [with Read Receipt/Ack] summarizing the situation he has put your company into & also inform him that you MAY invoke the relevant clauses of his Appointment Letter--reg NP/Termination.
If he doesn't respond in a reasonable timeframe, then you can write to the HR of his current company that you are intending to go legal against him & your company can't be held responsible for any unpleasant situations that can arise @ their end due to this.
I suggest that you DO NOT focus on 'questioning' them or their actions [like you mentioned:.......how they have employed him.......]. What they do or did isn't your concern or in your control. Just focus on what YOU INTEND DOING from your end & mention the same.
However, pl also be clear in your mind that this company DOESN'T seem to be having any objections of the guy joining WITHOUT any Relieving Letter, etc. So their responses MAY NOT BE what you expect.

Also, pl be clear about your CORE objective--is it to get your work done or to ruin his career? I wouldn't suggest you opt for the II one--he will get hit anyway in his career with such an attitude. Focus on getting him to complete the pending work & going in the proper way--or at least to hand-over properly to someone else in the company & get relieved as per company norms/rules.

All the Best.
Rgds,
TS

From India, Hyderabad
Dear Tajsateesh,
Thanks for your reply. We have already send the showcause to him & but then he got his parents & tries to put the pressure on us to release his relieving letter. But he has already signed a 1 year service contract with us where it is already mentioned that if breach the contract he will not be given his relieving letter. Since he is trying to act smart my operation person want to take some action against him so that he will not repeat it again.
Please guide me in same respect.
Regards,

From India, Mumbai
Hello mdkurlekar11,
You have not mentioned the alternate mechanism to be enforced if he quits like he did--usually most companies have some monetary figure--pay some amount if you resign before the Contract/Bond period. If it doesn't exist in your company, maybe you need to think reg this aspect too--more to do with practical & legal aspects [I am NOT sure exactly, but I don't think any company can get away legally with NOT GIVING the relieving Letter, under whatever pretext].
Since you have already walked the first few steps in the process AND since he has involved his parents too, I suggest you too ask him to bring his parents for a chat & then use them to build-up pressure on him--to get relieved properly, if needed by paying some compensatory amount to the company. You can also drop subtle hints that you will be alerting/approaching the company where their son just joined--I am sure they will know the consequences WITHOUT YOU HAVING TO ACTUALLY DO IT.
All the Best.
Rgds,
TS

From India, Hyderabad
Thanks Tajsateesh,
You have shown me a correct direction to take this case to. We have one more issue which was like the employee was trying to spoil the office culture. And was terminated by Company with a short notice. And even he has turned up for his money & relieving letter. Please guide for even this as well.....
Regards,

From India, Mumbai
Thanks Tajsateesh,
You have shown me a correct direction to take this case to. We have one more issue which was like the employee was trying to spoil the office culture. And was terminated by Company with a short notice. And even he has turned up for his money & relieving letter. Please guide for this as well.....
Regards,

From India, Mumbai
Dear TS, The guidance you have given is really super. Keep going. With Regards G. Anand UFT Solutions
From India, Madras
Thanks G. Anand--just fulfilling my role I guess.

And mdkurlekar11--coming to your second query [about the firing of an employee], I suggest you don't hold-back the documentation--whether it's the Relieving Letter or otherwise.

But you haven't mentioned whether this guy was informed the reasons 'why' he was being terminated ["......trying to spoil the office culture...."] AND also what you mean/define by 'spoil the office culture'. Since you are in the IT industry, you would be aware that a few aspects that are quite normal/passe in the IT sector would be absolutely not acceptable in the Non-IT sector. Unless you have the HR Handbook in place within the company, it's tough to enforce such things legally & practically, in any worst-case scenarios.

To handle this specific case, suggest make him understand that what he did was very inappropriate in an official environment & then give him the Relieving Letter & other Docs which he will need all thru his career, with a clear hint that the Company does have a choice of mentioning the actual reason for his termination IN THE RECORDS [which would be the only info to be accessed by any HR person during every future BCs by his future employers down the years]--but wouldn't like to do so in the interest of his career. I am sure he will get the message & he may not press for his salary....OR at best may settle for something in-between what's OK for both.

I would suggest the second option/possibility [settle for something in-between]--since it's always better for someone to leave without ill-feelings, to the extent possible, AND at the same time handle the company's interests PLUS you also will need his F&F Settlement signed by him for your records AND this would also be a way to inform other employees as to what's acceptable & what's NOT, all the while being fair even in such matters.

And, I also suggest you to get the HR Documentation [Handbook, Policies, etc] in place ASAP--to ensure you don't land-up into such situations in future.

Rgds,

TS

From India, Hyderabad
Hi

Please remember you can not ask the new hr why they hired without relieving letter. They are not responsible to you. Where does it say in the rules that they have to take a relieving letter ? How many people have you taken without relieving letter ?

However, since you want to get back at him, it smeary enough.

Call their hr and inform them of the behaviour of your ex employee as a warning to them of what type of a person they have employed. Tell them that you are taking action against him for breach of contract and that you may have to send them a notice too since the lawyers are asking you to do so.

Forward a copy of your showcase notice to the new hr

That will help. Talk to your lawyers and see, I think there is actually a clause in contract act where you can send a notice to someone who induces a breach of contract.

If you want to cause trouble for your ex employee, file the case. If he has to keep taking leave to attend court cases, then his new company is likely to kick him out.

However, you better sit with your Md / CEO and figure out the impact of all of this. There would be 2 different messages that could god out. One that employees will think that you are a no-nonsense company at will take action against any person who leaves without completing contract. Second that your harass your employees / ex employees so you are not a company they should join or work. This is critical. You should not lose out on this in your eagerness without realising the consequences.

If you

From India, Mumbai
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