Dear sir, Our sale employee has sent a resignation mail, but we didn't accepted it because we said him to clear the outstanding amount of Rs. 4,00,000 and get an NOC from the dealers. But he didn't do it and he is keep on sending the resignation mail and threatening the organization to clear his employment procedure. We somehow received goods of Rs. 3,00,000 but still Rs. 1,00,000 is pending from his end.
We have an issue, we gave a offer letter with a probationary period of 1 year but after completion of 1 year we didn't issued appointment letter with the clauses.
FYI, offer letter does not contain any clauses. How we can proceed to over-come him employment issues and get our outstanding amount.

From India, Bengaluru
Considering the Info/ Data made available in your Post, Points to Ponder/Clarify are:
1. No "Confirmation Letter" On Completion of Probationary Period of the said Employee, was
issued/put through, either of i) Satifactory Completion of Probationary Period or ii) Extension of Probationary Period as per S Rules/ S Orders. Our Settle Law is that the Probationer shall be deemed as Confirmed even when /if No Letter is issued by theEmployer;
2. For not discharging his alloted Duties, the Employer should proceed with DisciplinaryAction-Steps beginning with issuing, by Regd Post AD, Show-Causes/ Explanation Letter / Charge-Sheet Addressed to the Employee's Local Postal Address and Permanent Home Postal Address, seeking Written Explanantion against the Acts of Misconduct stated in the Notice/ Letter/Sheet, Order an Inquiry in accordance ith Principles of Natural Justice, commence, conduct & conclude Inquiry ( may be ex-parte as the case may be) Proceedings, Issue Inquiry Findings to the said Employee and thereafter consider Representation, ifany submitted aganist the Inquiry Findings and decide on appropriate Discilinary Action/ Proprtionate Punishment including Recovery of any amount in possession of the said Person; and
3. Not Accept the Resignation Tendered by the said Employee till the Disciplinary ActionSteps get concluded.
Kritarth Team,
Bengaluru, Help- Centre Office
9.3 2019

From India, Delhi
Dear friend,
I am unable to think that it is the sole responsibility of a salesman to clear all the dues of credit sales effected by him on behalf of the establishment before approval of his resignation. He is not doing credit sales on his own; he would have certain norms to be strictly followed prescribed by the employer regarding credit facilities to the dealers. If any dealer defaults any payment, there are lawful ways and means to recover the dues from him. How can you shift the entire liability to the salesman who acted in good faith in the normal discharge of his duties?
Unless the credit sales itself is a bogus one or done by the salesman on his own in violation of the express instructions of the employer, where come the questions of criminal breach of trust and cheating? I think you are exaggerating the shortfall in the DCB of sales in the normal course of distribution of goods through dealers just to reject his resignation and to retain him at any cost.
Besides, a probationer remains a probationer till he is officially declared by his employer to have satisfactorily completed his period of probation. No deemed completion of probation nor any automatic confirmation unless there is such a specific deeming provision in the contract of employment.
My suggestion would be not to stretch things out of proportion when there is no such specific clause of clearing the collection of pending dues as a precondition for accepting the resignation of a salesman. The question of disciplinary action is out of context.

From India, Salem

Was the sales done by the employee as per company norms?
Did the purchasing company accept receiving the goods and your books of a/c etc show transaction and payment of GST etc?
What is the purpose of NOC from dealers?
Company needs to review its procedures?
If payments were overdue what actions were taken by the company?
Salesman cannot be made responsible to recover money.
At best he can liaise with his customers that is company customers.
Your procedures for confirmation etc need review.
Best would be to directly interact with customers and get money back.If this employee wants to leave let him go away.
Only do the checks necessary for dues,laptop .,mobile of company etc.

From India, Pune

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