Sr. Manager Hr/admin
As part of joining formalities you should take NDA rite?
Agreement of 2 years will not stand in any court of law.
As Part of appointment he/she should have to give 1 month notice period. Did he give resignation letter? Even as per labour department every employee should give notice period of 1 month. If not then its employee mistake only.
2nd August 2014 From India, Bangalore
Thnks for reply.
yes he has given resignation letter mentioning reason"not fulfillment of BDE condition" which was not accepted as the reason was not valid. Due to his personal problem he left the company.
Ans yes, he didnt give notice period.
2nd August 2014 From India
In simple words, I would like to say “Let him do whatever he wish to do” and you need not to be worried or scared of his any action if you are not wrong at your point, and you can easily defend or challenge him and win the case against him if he is wrong at his point.
Second, this is to let you know that to make a complaint against you (your company/employer) with such reasons, he has to first deliver the proof and written complaint with witnesses, related documents along with his employment/appointment letter and the reason of his detachment with you /employer (resignation) to the Labour Department with a self declaration which will reveal the truth.
Labour department, is available for not just to help employee with whatever valid reason only but to make a good and strong employee-employer relationship. And employee must not forget that Labour Department can only take action against employer after an initial inquiry and authenticating the supplied material/valid and strong evidence to check whether the employee is really suffering with a problem that forced him to take help of Labour department or not.
Today, it is very simple to file a complaint against employer by employee (Online facility also available) but still not so easy to do so and many of employees are not aware of the procedure even and lack appropriate information of laws in this regard actually.
Now back to your concern, he was committed for an employment for two years and agreed the employment conditions wherein the notice period is 1.5 months but he ignored it which is automatically gonna be against him, is first point. Second, about his claim of commission, he is not able to ask for the same as he has resigned and gets his salary as per the set and agreed terms & conditions by both of you.
Hope you have issued him a notice regarding his misbehavior and action, and breach of employment conditions. These are the prime and important action that employer need to take immediately and seriously because such things can influence other employees too.
About loss, you certainly can issue him a notice according to the respective employment terms in this regard and can deduct the short notice amount from his F&F and dues, and can file a legal case in regard to supplied your internal organizational information to other company/competitors which is punishable as per NDA terms but for this, I would suggest you to consult any good & reputed lawyer/ legal adviser.
3rd August 2014 From India, Gurgaon
4th August 2014 From India
Further you have to check the entitlement of the employee whether he can move to labour court which is for the empoyee who falls under the defination of labour/employee as per labour act, else he may have to go to civil court which is a troublesome affair. However in any case/situation notice of the empoyer to employee will definitely help the employer.
4th August 2014 From India, Gwalior
advise me how can i add my question in the fouram for any advise also i need some help regarding to set up a new
hr department for organization. as i would like to share this is 6 yrs old organisation without no hr as well concern department.
1 - we are in real estate
2 - maximum costumer dealing gonna b happens in holiday & weekends.
4th August 2014 From India, Mumbai
20th August 2014 From Philippines, Cebu