Dinesh Divekar
Business Mentor, Consultant And Trainer
P-lekha-jacobs
Senior Hr Consultant

Hello Everyone, One of our Business Executive joined us on 07th March 2020 , he attended the company training in Faridabad from 04th to 06th March 2020. On asking about for his resignation towards his earlier company named as Wochardt India Ltd he submitted the same on 05th March 2020 on a fake mail id titled as but when we sent the verification email to his last company Wochardt then we came to know that he had not submitted his resignation to his employer .We came to know about the same on enquiring with his reporting manager Mr.K.L Sharma of his earlier company. And he informed that they had not received his resignation and requested us to send to his mail id . we missed to issue an offer letter to him at joining.

He joined the Kota headquarter on 07th June 2020 and we sent his visiting and company id card on 17th March 2020 . Then after the Covid 19 lockdown started we could not send his appointment letter. Our office reopen in first week of June 2020. All salaries were paid to him on time during this period. Field work of all employees start also from first week of June. In the third week we were informed by our 1ST line manager based at Kota and 2nd line manager based at Jaipur that he was not giving proper time in field working and his field working hours are 1-2 hours against the company norms of 7-8 hours and also he misbehave to his reporting hierarchy . On 26th June the Business Head visited kota and called him for a meeting in afternoon at 2:00 PM but he refused to come and were complaining for the odd timimgs. We were requested to stop his field working on account of misbehaviour and non-working. His reporting were stopped from HO ON on 26th June. We did not transfer his salary for June also till now. No correspondence has been done by either the manger or the rep. on this issue.

On 09th July we have received notice from Mr.Iqbal and he was claiming salary of june and expenses of march ,april and May.

From United Arab Emirates, Abu Dhabi
Dear Dimpi,
When an employee joins a company, generally he/she is placed under probation. Please check the conditions of employment mentioned in the appointment letter. If the employee is a probationer then you could have terminated his services immediately.
Now the problem is that you have withheld the salary of the employee without assigning any reason. On account of misbehaviour did you issue the show-cause notice? You could have placed him under suspension also.
Even now also, you may issue the show-cause notice and suspend him pending the enquiry. But then it is too late.
Thanks,
Dinesh Divekar

From India, Bangalore
Dimpi - a caveat for you - direct names/ organizational references should not be posted on Public Platforms like this - it is against individual and Organizational privacy - Thank you for your understanding.

Yes - the employee in question is very much right in claiming expenses and salary for the months - as you did not terminate him because of inactions and delayed correspondence.

Practical Advice:

1. What does your Corrective Action Procedures (CAPs) says about non-cooperation/ non-fulfillment of duties?Typically, an employee is not put on CAP if he is still under probation. While still under probation - an employee can be terminated smoothly with an extremely short and friendly notice from the Organization's side.

2. Was the employee summoned to submit written answers to raised concerns by HR/ Line Managers - was there a physical/ virtual meeting held with the defaulting employee? Did you take any such records?

3. It is not legal to withhold salary and expenses without a reason - because defaulting employee can invoke legal action with a plea that he was never informed about any corrective procedures or communications from HR/ Line Managers through e-mails or written mode - which you didn't.

Verbal communcations don't work in Corporate World and probably never will. If company HR was to terminate him - why was the employee not taken-off the payroll immediately - suspecting further non-cooperation and misuse of Organizational resources.

4. If you are still unsure of this hire - please seek quick action with a possible immediate termination and settling his due till the last working date - while there is still time.

5. The defaulting employee is very much in his right to ask for all the dues - clearly, due to inactions/ delayed correspondence from the Organization. If you have to, please relieve the employee with respect observing subtle HR policies and professionalism.

Remember - respect given is respect earned.

From India, Delhi
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