Rkn61
Hr Manager
Kralpy
Accounts Asst.
Nathrao
Insolvency N Gst Professional

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Hello, I am a HR representative of my Company, We are a micro Industry under MSME, having strength of 19 employees rightnow.

Due to lockdown we are not getting our payments even from prestigious customers, we are trying best to give salary to our employees considering minimum wages on priority, where one part of my organisation is working from Home, and other is manufacturing technician and helper, that cannot be work due to Covid situation.

In this critical time we are facing a tough problem as one of my employees who is most arrogant and undisciplined, had lots of warning for punctuality, reporting and drinking on workplace with other employees.

He can easily work from home, not worked or shared given work, even not attended any video conferencing, meeting calls in these 55 days, and now my office has opened we ask him also to report in office, but he has not replied, called and reported for absence, after calling him on second day, he said he can't come for one day, but after that he again not came to office due to this we have shared termination letter and ask him to collect his full n final cheque as per company policy and return company laptop and other things hand over to him for work.



He is not responding on mail, just dropped a msg on whatsapp to HR that transfer him full amount as per govt rule for covid 19 after getting his money he will return company laptop and data, as he has important data with him for ongoing projects. Please let us know as an HR what should i do?

This is clearly written in appointment letter that he has to surrender data and company property for full and final process. Neither he want to work nor he wants to return anythings.

From India, New Delhi
Please check out terms and conditions of employment.
Send him a detailed mail with his absences, lack of work and not reporting to office even after office has begun its normal work.
Now that you have terminated his employment, complete your paper work on grounds for termination.
Pre pare his cheque and ask him to collect it.
Tell him that keeping laptop and company data is a violation of law and case can become a police case and his threats can be reported.
Give him a deadline and if fails report the matter to civil police.
Take legal advice side by side.

From India, Pune
Thank you, i will follow your advice.
From India, New Delhi
Before doing a direct action (termination) to this employee, as an employer you need to conduct a domestic enquiry in this regard.
From India, Mumbai
Since the company did send the termination letter to the concerned employee, I do not think for any relevance of domestic enquiry into the matter.
The poster may go ahead with issuing a letter by RPAD (e-mail could also be sent to him, with scanned copy as attachment), advising him to return the company property immediately failing which company shall initiate filing legal case in appropriate Court.
You can go to the extent of publishing the letter in leading daily also. He shall definitely return the company property.

From India, Aizawl
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