Dinesh Divekar
Business Mentor, Consultant And Trainer
Sourav.rubi@gmail.com
Hr , Ir , Complainces
Nathrao
Insolvency N Gst Professional
Tajsateesh
Recruitment/talent Acquisition, Career Counselling

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Dear Seniors,

I am working as an HR Executive in a small IT company,On 21st august'2015 an employee mailed a resignation stating he could not continue with the
company as he has got some other good opportunity and he cannot serve the notice period(2 months). I strictly told him that he has to serve the notice period otherwise
the company is not going to provide him with any relieving letter or experience letter then,on the same day he asked me to withdraw his resignation.

On 26th august'2015 he applied for 4 days leave i.e 4th sep,5th sep,6th sep and 7th sep, (8th and 9th was sat & sun) , now 7th of every month is our salary day.
On 9th Sep'2015 after getting his salary credited,he again mailed me a resignation letter stating he cannot continue because of some personal reasons and mentioned
his last day of working will be 10th sep'2015, but then he did not turn up on 10th sep also. Later, through some references and social media i got to know that he has moved to China
and working with some other company.

Now,Please let me know what legal actions can be taken against him since some intellectual and physical assets of the company are also lying with him.

Really need your help.
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Dear Kalyani,

From the HR standpoint, the employee has absconded from his duties and he is in possession of company assets. While for absconding you may generate proof from the attendance records, what about the assets that your company has provided to him? Do you have material evidence of the possession of the assets?

Send a notice for his absence from duties to his last known address. If he does not respond, order domestic enquiry and send him notice to depose before the enquiry. If he still does not respond then conduct separate enquiry and find out what company owned property he has purloined. If the employee has not returned the property that is valuable then you may lodge police complaint.

In the meanwhile through social media, find out where he works. If you wish to teach him a real lesson then send copy of the notices to his official address in China. Send a separate letter to his MD stating that he has separated from the company without fulfilling the terms of employment. If you lodge police complaint then you may provide this address to the police authorities also. They may pursue the case through Indian embassy or consulate in China.

Thanks,

Dinesh Divekar


Very comprehensive & copact suggestions given by Mr. Divesh Divekar. Steps need to be initiated against such errant officers who are willingly dreaming that no actions will happen.
I work as an expatriate HR head and keep interacting with the embassies in a few countries where we are located. Going to embassy is not a solution and the embassy will not take up the issue unless and until there is a court judgement. And there is no extradition treaty between India and China. And there is noting much the embassy can do. At the most, they will send a letter to the company concerned and the letter would go to the dustbin. Writing directly, to the employer may or may not fetch you results, because in most cases for positions abroad, the employer himself would have suggested that he would not require relieving order. The reason being, for expatriate positions to be filled in, the vacancy has to first arise. Then a quota has to be obtained from the government. After selecting the candidate, the profile has to be sent to the immigration department of the country and get the clearance for a work permit. These are time consuming processes. And the employer would require the skill on a very urgent basis. So most companies do not bother about relieving letter or BGV etc as long as the expatriate knows his job. Have you ever received a letter for BGV from any of the ASEAN countries or Middle East or Africa. No. Not unless they are top class multinationals who have robust systems and processes apart from strong ethics.

Now the issue is, what you can do about it which is practical. You may first email him asking him to return the company assets. If there is a record of he having received the assets, he woul send it across through someone. Also send a letter by registered post ack due to his last known residence. If you do not have records, then, you will have to wait for his response stating that he will hand it over. That becomes an evidence. If he does not respond or negates your mail, there is nothing much you can do. If he states that he will hand it over within a time frame, then you could set a deadline. And if he does not, and if you have evidence, file a case for recovery from him. A FIR will not take you to a conclusive decision, because the police report will only say that he is not in his last known address. And no action can be taken based on a mere FIR. And police will not act unless his second de of the story is also heard.

But if you file a case of recovery, It is more likely that the judgement would be delivered ex parts. When the judgement in hand, you can ask the police to execute it. The police will then put up an alert in the immigration. As and when he comes to India, the alert will ensure that he is picked up at the immigration itself. He would obviously be desperate and will settle the notice period salary and also the assets, because the alert will not be removed till the case is resolved and he would want it to be resolved fast. Getting an alert removed is a long process in India. That would be a punishment by itself for him, because his employer will not wait for him beyond a reasonable time. But, remember that the company assets you are talking about has to be of a good value. Just stating a laptop, stapler,ends etc will not yield results. If it is a laptop, it should contain classified company data, exclusive software etc. I have case, where the employee wrote to his employer that he is now abroad and that he gave his laptop to his friend to hand it over and that he lost it. He asked to let him know the depreciated value and he will pay it. A guy who has a mindset of playing truant, will be rooked enough. You need to anticipate this and act. About 25 years back, I used to work for one of the largest FMCG MNC's in Bangalore. I was being sent to XLRI for an conducting the first round of interviews in the campus placements. The Head of HR was coming the next day for the final interview. My Head of HR called me and told me to informally socialise with the students and find out who ate the biggest truants on the batch. To my surprise, he selected all of them. Today, they are all heading HR in some of the best corporations of the world across the globe.

Hope this info helps.
Hello Kalyani,
The Anonymous member is right---no point going to Embassies for such issues unless it goes thru the MEA........and you can surmise the practicality of this step for such an issue.
The other steps suggested by Dinesh Divekar suggested should be bale to stop this guy in his tracks. Obviously, he calculated his moves well.......taking back the resignation & waiting for his salary.
You can also post your messages on his social media pages as well as track his followers & post updates.....the basic idea being to put him in a spot openly.
However, take legal advice before going forward, in case you wish to. The fact that he has Company material can be leveraged very well legally.
You haven't mentioned this guy's role/position.......since you say he has 2 Android phones, I presume he is in some client-facing role. IF True, suggest checkout IF any damage has been done on that front too.
Rgds,
TS
You should put up a message to him even through social media asking him to return company stuff.
Such employees are better working somewhere else.
If he returns company stuff in good condition,forget about him and let him enjoy in China.
He will get caught in his own smart acts.
The company is better off without having employees who are not faithful to the organisation.
Whatever be the matter,analyse where the company has gone wrong in dealing with these kind of employees.
He smartly applied for leave just before his salary day and after getting salary exited.
What the anonymous member has written makes good sense.Since appreciate button is missing I have written my appreciation here.
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