All Gamut Of Human Resources, Electrical
Senior Executive - Hr
Labour Laws, H R Management
Administrator / Manager
Head Hr/p&a In A Manufacturing Unit
Hr Manager
Sunil Gaur
Hr Manager

Thread Started by #DHAMEJA

One of our employee has resigned and as per the T&C of the appointment his 1 month notice period is ending on day after tomorrow.
Yesterday he commits a serious misconduct (fin. fraud). What disciplinary action could be taken at our end against him.
Seniors kindly advise
23rd October 2007 From India, Calcutta
He is on the notice period and getting relieved in 2 days....You have not mentioned what kind of serious misconduct he has commited but still to my mind, you can stop his full and final settlement as a one of the steps...or you can deny him to give Relieving/experience letter...These are some practical ways...
I am not excatly aware of what laws says about disciplinary actions during notice period.....
Waiting for someone's comment whether there is any clause for the same..!
23rd October 2007 From India, Vadodara
IF it is fianancial fruad, than as Chaitali has said, hold his full-final and other things like rleiving letters etc. If amount is small, it can be recovered form his amount.
If your management is strong and interested, you can also lodge police complaint and initiate police and legal action against he indivisual.
Depends upon what your managements point of view is.
23rd October 2007 From India, Mumbai
Dear Dhamija,
In addition to holding his full & final settlement , you must register a police complaint regarding this case.
This will help you to solve all the problem and the organisation will be in seffer side.
Keep smiling....
mahesh k prasad
24th October 2007 From India, Mumbai
I think in most of the company financial frauds leads to ones termination from the job. No company tolerates financial frauds. Although he must have resigned but F&F is still to be done.
Best way would be for recovering the company's money would be to give him a choice "pay the amount back and get the relieving letter or face termination and no relieving letter and hold F&F"
25th October 2007 From India, Mumbai
Is your employee a workman under the Industrial Dispute Act ? If yes than you need to follow the principles of natural justice before taking any action i.e follow the disciplinary procedure.
(better reieve him with immediate edffect)
If he doesnot fall under the definition of workman , simply terminate his services and issue service certificate , dues accordingly, if the misconduct is so serious.
25th October 2007
Your action will depend on the nature of misconduct, if it is a serious misconduct, initiate the domestic enquiry processdings and withhold his full & final, but you should have good reason for doing so. Pl. also remember to follow the principal of natural justice. He should be releived only after getting the enquiry report, the same will also decide your future course of action.
S. Gaur
25th October 2007 From India, Gurgaon
Dear Dhamija
If you may withdraw his resignation acceptance and simultaneously chargesheet him. You may also lodge a police complaint. Finish enquiry fast and if the charges are proved , you may forfeit his terminal benefits including gratuity .
25th October 2007 From India
Dear Friend,

To decide on such cases which have legal consequences the facts of the case must be specific or else the very many answers you receive would be misleading, confusing or worthless despite the sincere contributions of friends and well wishers. Moreover, these matters can only be commented upon depending on the conditions one has agreed to. It would also make a good case study if the fundamental agreement is known.

One general law is that not all agreements can be valid if they are one side (lop-sided). The other fact is only agreements that are not void in the eyes of law can be enforced. Though i am not a lawyer, what I know is that (one-sided) agreement as service-bond is not valid or enforceable. What is the meaning of bond here (bondage?). The terminology itself is not agreeable. It is otherwise known as service-agreement and is acceptable as some one here has mentioned that a company has a right to be compensated for the investment it has made in the development of the individual to serve for some mutually agreed time in the said company. Other -wise, in all cases no one party has overbearing right over the other and none of the parties can be forced to forgo their valid rights including that of separation.

May be some of our HR friends with Law degree can facilitate the discussions with reference to the latest judgments about these matters.

26th October 2007 From United Arab Emirates, Sharjah
Don't relive him. However keep him under loss of pay and conduct enquiry and prove his misconduct. Then go for civil and criminal case for recovery of money and punishment.Though the process has some practical difficulties u should go for it to make the other employees under fear if they indulge such activities they will face the same consequences.
26th October 2007
Dear All,
I have inadvertently posted my reply to a different query here by mistake. Excuse me if the above answer of mine is a bit confusing. This was actually given in response to the query as to what an employee under service-bond could do to come out of a company if that company is refusing to relieve him and / or refusing to accept notice period amount from the employee?
26th October 2007 From United Arab Emirates, Sharjah
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