Dinesh Divekar
Business Mentor, Consultant And Trainer
Harshdeep Dongare
Hr & Safety Officer

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Hi, Refer below case and share your recommendations and views: One employee resigned, would like to relieve within 10 days, as per his appointment letter clause he needs to serve 90 days notice period, the employer asked him to serve 90 days notice period,
The employee submitted the resignation and mentioned in the resignation letter to relieve him within 10 days...
He stopped to resume duty after 10 days... He joined other organizations...
1. Can the employer file a case on double employment...
2. What legal actions need to take...
3. What is the approach need to take...

From India, Taramani
Dear Harshdeep,

If the conditions of separation are clearly specified in the letter of appointment then it is obligatory on both the parties to adhere to these conditions.

In the case at hand, if the employee has stopped reporting for duties 10 after submitting a letter of resignation then it is a case of abandonment of employment.

Send a notice to his last known address for his unauthorised absence. If there is no reply to the notice or if the employee does not report for the duties then order a domestic enquiry and send a letter to the employee to depose before the enquiry. In case if the employee does not turn up for the enquiry then send a one more letter. If the employee still does not report for the duties then management may take an ex parte decision and terminate the services of the employee.

Generally, employers do not encourage job candidates to join unless they are relieved properly by the previous employer. In this case, it appears that the employee has joined a new organisation though he does not have a proper relieving letter.

The current employer of the employee or the HR department of the company could be desperate in filling the vacancy. Therefore, one gets the impression that they have allowed the employee to join even without a proper relieving letter.

Nevertheless, I recommend you fulfilling the proper administrative procedure in your company. Since the employee did not complete the notice period, you may send him a notice for the payment of 80 days notice period. If the employee remains intransigent even then also then send the lawyer's notice.

If you wish to teach a lesson to the employee then you may send the copy of the communication to his current employer. This is a little deviousness. However, we need to employ such means sometimes.

The way you handle the case will send a right signal to the employees of your company. By following the right administrative procedure, you will be able to send a right signal to one and all fate could await them if anyone abandons the employment.

Thanks,

Dinesh Divekar

From India, Bangalore
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