Adv. Manoj Liyonzon
Lawyer, Chennai
Madhan.rk
Sr. Executive - Hr & Admin
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Ryan
India's 1st Strategic Strengths Coach, Corporate
+2 Others

HI,
To HR Group,
I have a query regarding two of our employees, who joined another company without resigning or giving any other information .What action should be taken on them?
I put an hold to their salaries. Now they are demanding us to clear their salaries.
I come to know from other employees that they joined somewhere else.
Should I draft a letter & send it to his permanent address?
Please suggest me what should I do?
Aniruddh Raulji
Cite.Co is a repository of information created by your industry peers and experienced seniors made possible with help from our prime sponsors like:

TALENTEDGE Who provide a platform for "interactive anywhere learning". Courses from top reputed institutes like IIM, XLRI, MICA. View Courses

FACTOHR - Provides Customised Payroll, GPS Enabled Attendance, Travel, Performance Management, HRMS that can help streamline your organisation. Explore Features

Register Here and help by adding your inputs. Contributions From Other Members Follow Below...
You should held their salary and clearance certificates. You can send letters to their address also. Actual shame goes to that company in which they joined.
Hi
We donít have any rights to hold their salary. You have to release the same even though they are not relieved properly. But if you want to take action against them post release the salary you may follow any one of the below.
1. If you know about their newly joined company you may send a letter to the HR about their past employment with you or you may contact them directly or through phone and explain what was happen in the past.this will create a huge impact
2. And the second option is hire a lawyer and go for legal action against them. It may be a lengthy procedure and its should require more attention and time.
These things happen regularly throughout everywhere. Any way donít give any certificate (Exp/Rel) because its purely management call to giving their certificate. This will impact their carrier not now immediately may be in the future.
Regards
Madhan
I do agree with this. But, the queriest needs to take disciplinary action against the employees. The employees are still on the roll of company since they have not resigned. They are to be treated as unauthorized absence without leave.
My advise to queriest is, he should write a letter to the employees and ask them to report the duty with justification of their unauthorized absence. He should frame charges against them, conduct the domestic enquiry and take appropriate disciplinary action againt them.
Those are the basics of HR but unfortunately many HR guys of today with big big designations do not know it. I'm very sorry to say it.
I may be corrected if wrong.
Hi
I hope you have signed appointment letters for both of them. Please go through the terms carefully to see the organization's viewpoint on resignation from services.
I completely agree with Keshav - if it is more than 5-7 days, why did you not start the employee absconding process? If they have still not given a resignation IN WRITING, please issue the first absconding letter. If they return to work, please have a domestic enquiry against them.
Regards,
Hi,
You have been correctly advised to issue notice (letter) to the employee for un-authorised absence from your organisation, as the employee continues to be on your rolls. You have also the option to formally charge the employee in the letter that he/she has reportedly joined another organisation - mentioning its name, which is also illegal. You should call upon the employee to submit the written explanation . If the explanation is not found satisfactory, you may issue a charge-sheet mentioning the charges and fix up a date for domestic enquiry.
You can proceed with the enquiry, observing the principles of natural justice.
Cyril
-Notice them through letter Declaring them as absconding & call them to report your company.
-Also state in it asking them to pay the loss incurred due to their absconding.
-Hold gratuity & notice the same to PF office.
-Subsequently file an absconding complaint to police
-subsequently warn them thru a legal notice to them toreport to company & to compensate the loss else
civil & criminal case shall be proceeded.
If they fail to respond all the above, your in safe zone to proceed legal action against them
Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Coô