Dear Seniors,

This is a small IT firm. We have one issue going with one of our employees.

He was working as BDE(Business Development Executive) in the company, his salary was in fixed + commission based.

He was not getting upto target so we paid fixed decided amount only.

He agreed on 2 years commitment to the company, after 5 months of work, he wanted to shift in another city so wanted Transfer in another branch of company which was not possible for us due to our technical team and system division.

So he left office without notice period (notice period was 1.5 months) he resigned immediately and also misbehaved with team and HR also.

and now he is claiming his commission and salary for 15 days of his work in which he has not received the target.

Now emailing HR department saying that he will go to labour court, labour commissioner and Human Rights etc...(He hasn't done anything yet)

We have below points against him;

1. Misbehavior with team and HR department especially.

2. Term and condition break -- He has given detail of client to other company(He did sign company's NDA - Non disclosure agreement)

3. Left office without notice

4. Loss to company as we have hired resource based on your planning and you suddenly left without notice..

Can you plz suggest what are the legal actions he can take and how we overcome this issue,,



From India
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.

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.

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.

From India, Gurgaon
@Mr. Anil Arora,,, Thank u very much for ur reply, i really appreciated it,, we were really so nice the employee and our actions were ethical too,,still he created all such issues so we all team members were confused about this,,thanks for ur advise in this matter,, surely we would follow your suggestions,,,
From India
In this case the employer should make out a full & final payment statement calculating there in the amount payable to employee as per your rules and understanding and also deduct therefrom the notice period salary as per letter of appointment if given and signed by employee too. After this the employer must respond to the employees resignation stating the facts and also the amount recoverable from the employee and advice the employee to pay the amount recoverable from his as per full and final statement. If he fails a legal notice also be served to employee but truly after assessing his own stands.
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.

From India, Gwalior
Hi All,
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.

From India, Mumbai
Yes, this is right. It is not your fault and he can't take any actions against the company if he did not comply with the company's agreement. Maybe talking to him directly would clear things out. Explain to him what he did and how it affected the company for him to realize his mistake.
From Philippines, Cebu

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