Hi Team, We are in a Gaming IT industry, Its a startup too. If a senior employee breach employee agreement contract what would be the cause ? How can manage that?
From India, Ernakulam
Dear Sheeba, What has happened exactly? In what way the contract was breached? Please provide the details. Thanks, Dinesh Divekar
From India, Bangalore
The employee suddenly come and inform she got another chance, its a immediate joining she has to report to the company very next day. So she out her resignation What should i do in this case
From India, Ernakulam
Dear Sheeba,

Have you mentioned the terms and conditions of separation in the appointment letter? If yes, then what are those? If she has not fulfilled those conditions, then you may send her an official letter stating that her resignation is not accepted. You may write that "as per the provisions of paragraph No ______ of the appointment letter dated _____ issued to you, you are required to complete a notice period of ____ days. If you do not report for your duties, then it will be considered that you have abandoned your duties and appropriate disciplinary action will be initiated against you".

Send her the hard copy of the letter by Speed Post. Keep the duplicate copy with you. Keep the receipt from the post office also with you. Scan the duplicate copy along with the post office receipt, send it by email to her.

If the employee does not report for her duties, then send one more official letter. This time, you may mark a copy of the letter to the MD of her company.

Let us see what happens when you complete all the above actions.

By the way, while seeking advice from the seniors, it is pertinent to give the background of the case. It speaks poorly of HR or any other professional to write curt posts and seek advice.


Dinesh Divekar

From India, Bangalore
Basically you can do nothing.
If she decides not to work for you, you can't force her to remain. In reality you can't even force her to complete her notice period (if you have actually issued proper appointment letters and have HR rules, etc)

At best you can ask for compensation for notice pay and breach of agreement (since you have not give any details of the agreement, I can't comment further)

Any legal action is mostly a waste of time and money.

Just realise that people are like that. At most you can give a bad review in a BGV

From India, Mumbai
Dear Colleague,
This is the reality of employment market where :

- some talents get the offer and do not join,
-some talents get offer- accept the offer- keep the offer till joining date- then on the day of joining switch off mobile and not responding
-some talents join and then vanish in next few days and later not traceable
- some talents work for few months and leave without any reasons
- some talents work for less than a year and leave / There are common in Junior and Middle Level positions very common in the Industry

In the work place we come across many such incidents and in the absence of a robust mechanism available to provide any insulation on such incidents, we need to only LIVE WITH IT

When some Senior Level Talents also behaves in similar fashion, even though initially, the person incharge will get his blood boiled for some time, feeling dejected, upset and so on it will only impact his / her own health as much can not be done to repair.

Such instances, shows lack of Values in such persons leaving who leave abruptly any organization for that matter just for the reasons of litter higher pay or higher position in the next offer.

Just have a check and introspect " what really triggered " such sudden leaving even before understanding the organization. where it went wrong. If any factor not conducive internally that has to be corrected.

You may also try to review your hiring process for Senior Level Talents and have robust system of identifying right talents with required " work skills" " mental abilities" and " personality factors plus value system and cultural fit. Focus each talent before issuing offer in senior level and do it only after full understanding on " whether he is the talent the management looking for?

Legal remedy to such instances are time and cost involving and results or outcome may not be as expected. If the factor is external to organization and purely the left Talent is only at mistake send a strong letter expressing the breach of appointment order and lack of decorum in the way such talent has behaved / delist form re-hiring in the organization/ have your say if at all any BVG or reference comes to you.

When someone not willing to work with an organization, there is no meaning to force or take legal actions / notices all futile in nature. It is similar to a Marriage where both has to have whole hearted bonding. If it is missing the Management should boldly come out it and say " You are not needed for my organization and I will bring much more competent person in your place " Then only Business will run as no one is indispensable in any organization. Look forward and move ahead, ignore such talents.

From India, Chennai
I would agree with saswatha and Dr.Sivakumar,

Even if you have a water tight contract it is a legitimate right of a person to seek better jobs or jobs of one's satisfaction, at most you can seek compensation by way of legal remedy, which is waste of time, pressurising a person to work will not provide required results since performance cannot be forced.

Since you have asked for reasons, presumably the job may not be competitive enough, restrictive environment, lack of creativity or encouragement , dissatisfaction on monetary returns may be some of them.

While recruiting a person, kindly try to assess the reason behind the choice made by the employee in approaching you and the job offered by you.

It shall help in retention of employees invariably retention of skills acquired through your employment.

From India, Chennai

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