Dear HR, consultants and legal advisors,
I have recently joined a company, the Owner of the company shared with me that one of their/our employee did a fraud of buying some IT stuff from the vendor and he deliberately bought for his personal use and the company was never in the need of that stuff. Moving forward the moment it came to our knowledge we got the signed legal document (affidavit) saying that you are found to be guilty for such thing and will be paying the said amount to the vendor and such scenario will not going to happen again (kind of a second chance we offered to the employee)
From the very next day he get absconded for 3 days and we get to know that some of the IT stuff is missing from the office too (Costing 20k to 25k) we are DOUBTING (NO PROOF) on him because the stuff which was missing was in his custody only, as he was a system administrator who looks after IT related queries in the company, and on 4th day we received his resignation over the mail (27/06/2019), the owner of the company asked the HR to CHECK THE NOTICE PERIOD OF THE GUY AND PROCESS THE RESIGNATION FORMALITIES (Documented) Due to the negligence of the previous HR they didn't sent any absconding letter and show cause notice while he absconded, the HR was pressurizing on the missing IT stuff and 2 MONTH NOTICE PERIOD (as per the employment contract) via mail only, no letter was issued to him till date, he himself said he will serve the notice period, but he never did and turned up for serving the notice period rather he said his uncle died in a car accident and i am not medically fit (no medical certificates shared though we ask for the same)
Its will going to be 2 months on coming 26th Aug'19, He is asking on releasing his salary + few variable, that is to without serving the notice period.
I have an idea how to take it forward via show cause notice (not serving the notice period), but still need advice of seniors too. so that it should be fair for both the parties Employee and employer.
Employee pendency toward employer:
1 ) Theft of 20-25k (not sure and no proof)
2) Notice period 2 months 40k
Employer pendency toward employee salary 10000 + vaiable 16000
Need your Suggestion on the above said case.
Thanks & Regards
Abhinav Sidana
22nd August 2019 From United States
Can somebody suggest on the above matter..
22nd August 2019 From United States
Your predecessor (HR) should have followed the proper disciplinary process for unauthorized absence and for missing IT material which was in his custody. Though two months had gone now better you start the process of serving warning letter through RPAD referring the previous email correspondences. Ask him for explanation for prolonged absence without proper justification and also regarding missing IT material. Advise him to report to office to fulfill exit process. Now that months had gone and IT materials were also missing it may not be prudent to allow him inside the office. If he returns back check about the whereabouts of missing materials.. inform him that if he is not able justify the presence of the IT materials then the cost of same will be recovered from his FFS. Collect self declaration from him for the same and then either he can be relieved or terminated as per your Company norms. Leaving this case open ended will not be good.
22nd August 2019 From India, Madras
Dear V.M.Lakshminarayanan
Thanks for your inputs and i really appreciate to what you said,
I have few question:
1) Can we issue him warning cum show cause notice altogether to what he did.
2) The employee said he was not well (no medical certificates shared by him) that why he was unable to tender the notice period, In case if he managed to get the medical certificate for the medical illness which he said was at the time when he was supposed to serve the notice period.
can he escape himself as per the employment act on the above assumption (point no 2) from not serving the notice period.
Waiting for the Reply
Thanks in advance
22nd August 2019 From United States
Please process warning letter first as stated in my previous post. Draft it professionally and include about the missing articles which was in his custody and present that Company reserves the right to lodge police complaint if he fail to revert back about the missing articles.
With regard to Medical certificate for illness, mere certificate from Doctor will not be sufficient. Gravity of illness needs to be ascertained. Unless otherwise he is totally bedridden /paralyzed always he can serve notice period after sickness. If he communicate that he is sick tell him that Company will Appoint Panel Doctor for examination and he should appear before the Panel Doctor ( though you are not going to do so actually - this is to bring out the truth out of him.)
23rd August 2019 From India, Madras
You send a lawer notice in claim against the materials and notice period amount to settle within 7 days or otherwise management would register an FIR for absconding from office by stealing offfice materials.
23rd August 2019 From India, Mumbai
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