Dear Friends
Need a kind help from your end. I have encountered a case where an employee of us who joined organization last year, suddenly went off work with a leave request for 7 days from Mar 02nd-Mar 09th citing family hospitalization issue. A week later he unofficially emailed his resignation letter from his personal account citing personal issues and left the organization.
Day before yesterday we find out through sources that he has joined another organization from Mar 2nd only and is working there. When we contacted him he blantly told its his wish to join any working place and we cant force him to serve notice period.
As per our records he has left his ID card and Official Laptop in his workstation only and there are no belongings with him. My Question here comes :
1. Can we as HR personel intimate his company where he is working about his unprofessional deeds ? If yes then what process should we follow ?
2. Is there any provison to penal or blacklist him to avoid him giving hits to other companies ?
Please enlighten and suggest if doing so can help us ?
31st March 2019 From India, New Delhi
Dear Surekha,
This is a case of abandonment of employment. However, you have not mentioned the terms of separation that you have included in the employee's appointment letter. Otherwise, replies to your questions are as below:
1. Can we as HR personnel intimate his company where he is working about his unprofessional deeds? If yes then what process should we follow?
Reply: - Technically he is still an employee of your company. Therefore, you may send a letter to the employee about unauthorised absence to his residential address. Yes, a copy of this letter may be sent to the MD of the company he has joined. You may request MD to direct him to your company to complete the separation formalities. I am recommending this because to fill the vacancy, HR of that company might have taken him on board even without a proper experience-cum-service letter. Let MD come to know about the flawed recruitment practice that his HR adopts
2. Is there any provision to penal or blacklist him to avoid him giving hits to other companies?
Reply: - You may debar him from taking reemployment in your company but you cannot stop employee's future career opportunities because of this misconduct.
Final comments: - Notwithstanding my reply about your first question, in case if the employee has joined with the consent of MD, then nothing can be done. Nevertheless, to complete the administrative procedure, order domestic enquiry. If the employee fails to depose before the enquiry, order it once more. If he fails to depose the second time also then you may take ex parte decision and remove him from the rolls of the company. When you order the enquiry, sent the letters through RPAD. Retain the correspondence in his file. If you follow this procedure, then you will be able to protect yourself from the future litigation of any kind.
Dinesh Divekar
31st March 2019 From India, Bangalore
Dear Dinesh
Thanks for enlightening. We have sent letters to employee where he has already refused to join us saying its his decision and he has resigned at his will due to misbehaving given to him by his seniors and he says he will never return to the company and will do suicide and will report in note because of our pressure he is committing the same. |He further states that he has not done any crime nor stolen any thing or he has returned all his assets. Its simply he dosent want to work with us and he is happy to take this in legal with his part of case of harassment against us.
Your Second Qs: No we have normal agreement that either party can terminate services giving 90 days of written or amount needed to be returned. On which he states he does not have funds and he does not want the relieving letter. He will show himself jobless for the period but not give our letter.
This is the situation. Please see what can be done against him.
31st March 2019 From India, New Delhi
One must see whether this act is affecting the company.
Will his running away be a bad example to other employees?
Shri Dinesh has clearly mentioned what all actions to be taken.
Adequate legally covered paper work is needed to protect interests of company.
Any changes in appointment order/terms and conditions also can be thought off now for addition.
1st April 2019 From India, Pune
Purely agreed with Mr. Dinesh,
1. You can mail the MD of the company he has joined and told about his unprofessional attitude.
2. You can blacklist the employee from your organization. However, you cannot prevent him to grab future opportunities.
1st April 2019 From India, Jammu
Dear Surekha,
Notwithstanding the threat given by the absconding employee, you may still pursue the matter and order the domestic enquiry. If the matter is not taken to the logical conclusion, it will send a wrong signal to the existing employees. Employees are free to pursue after quitting the company but they must fulfil the conditions of employment specified in the appointment letter. Otherwise, what is the use of including conditions of separation in the appointment letter?
By reading the replies given by the employee, he appears to be extremely frustrated. The incident calls for introspection. Is this case of poor recruitment? The employee was unfit to execute the duties but still recruited to fill the vacancy? Did something like this happen in this case?
Internally you must find out the reasons for his frustration. Did his manager give him roughshod treatment? If yes, then why it went unnoticed? Are there unreasonable targets and to meet the targets, managers bring pressure on their juniors?
Is the absconded employee in contact the other employees? If yes, then what steps are you taking to avoid him gaining their sympathy?
Dinesh Divekar
1st April 2019 From India, Bangalore
Dear Surekha,
1) Have you given his salary ? (if yes, then you should not have done that)
2) Isnt there any kind of appointment letter (which discloses with his notice period and all)
and as per your information, this happened a month back so accordingly i dnt think that his new MD will take any kind of action against him, but still you can make him aware so that he can take some action.
2nd April 2019 From India, Pune
Mr.Dinesh has given very valid advice and suggest better to follow it.
On a secondary note this appears more of a personal ego matter than trying to close the issue.Why else would you think of blacklisting etc.
2nd April 2019 From India, Bengaluru
What will be the final outcome of the domestic enquiry??. Maximum you can terminate his service. He has already submitted his resignation. And as per the appointment order if the notice period can be deducted, the same may deduct from his final settlement even now. moreover, if an employee is not comfortable in working with us, better to let him go at the earliest.
6th April 2019
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