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Anonymous
1

Hi All,

There is an employee, who have gone to Canada for a holiday but decided stay there permanently. We asked him to resign and serve his notice period of two months or pay 2 months salary in lie of notice period as per the policy. He agreed to serve the notice period and we assumed that he will work sincerely for the next two months but came to realize that he has stopped working and marking his attendance in HRMS starting December. He has the company assets in India which actually means he planned this through, nevertheless kindly provide solution to what can be done in this case. As the employee is not willing to work and also not ready to pay 2 months salary in lieu of NP and simply absconding at this point. I need the assets back, do I have legal standing at this point or not.

From India, Jaipur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Vmlakshminarayanan
Agm - Hr&admin
Kamalkantps
Advocate

Dinesh Divekar
7855

Dear member,

If the employee went to Canada and did not return, then he had a plan to not only flee from your company but country itself. Probably he has taken cue from fugitives like Nithyanana, Nirav Modi, Mehul Choksi, Vijay Mallya and so on.

Anyway, I recommend you serving him notice to his last known address. Send it by Speed Post and maintain proper records of all the correspondence.

Secondly, what is the proof of allotment laptop to him? In the same notice, order him to return company's assets. If the employee remains intractable, then you may file police complaint. More than this you cannot do anything.

Thanks,

Dinesh Divekar

From India, Bangalore
Adv.Rahul Ranpise
1) You may send him Not Reporting to duty letter to his communication address available with the company. Also you may send NRTD letter + Post receipt to his official + personal email id and whatsapp no. If he fail to do so, you may proceed with Abandonment of Contract.

2) You may recover asset against his Salary + Welfare.

Regards,
Adv.Rahul R (Mumbai)
7045993191

From India, Mumbai
kamalkantps
314

Dear Fellow Member,

You wrote in your post "He has the company assets in India" which means that though he is in Canada the Company assets are there in India itself. Now the question is "who possess those assets here in India". In my opinion trying to recover the notice period salary would be a cumbersome process and will prove to be expensive too, so focus on getting the assets back.

Ask him to handover the assets only and just warn him that if he will not handover the assets within say 7 days time you will take criminal action against him for theft of company property and data. You may actually lodge a Police Complaint against him if he does not comply.

From India, New Delhi
Pradipta Nath
87

Serve him a legal notice else you can sue him under the criminal and civil law as well. Generally in most of the case it has been found that a legal notice serve the purpose. Inspite if he doesn't turn up as per the legal notice, you have a good cause of action to proceed against him.
From India, Kolkata
vmlakshminarayanan
919

Hi,

Please send him warning letter through RPAD advising him to return company Assests and also to make payment in lieu of notice period as per the terms and conditions of his Appointment Order. You can email the same letter to his personal email id as well. But there will not be any response as he planned everything and left.

By any chance if you are having his passport copy with you.. then just a add a line in the warning letter that " In case of no reversion, the Company will be constrained to lodge a Police Complaint and also to take up the matter further with Indian Embassy at Canada with your Passport copy". This is just to threaten him and wait for his reply.

Send the above through email as well with read receipt option.

From India, Madras
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