Patelreh
One of the employee worked with us for 25 days (14 days training, 5 days uninformed leave, 6 days on floor), he was doing serious misconducts in the office premises, misbehaving, demotivating others, coming drunk and not willing to sign warning letters for misconduct. And was asking to be terminated instead of he resigning so that he gets the salary. He was asked to not come if he would take one more day leave, and he did the same and is not coming to office. He had called us and was asking for settlement, We had told him that his settlement if any will be done after taking into consideration legal & all the things above. However He had visited our office premises after 2 days and created nuisance in front of other employees for salary and was not ready to leave the premises. We've made a nc complaint against him in police station.

Now he has gone to the police station and is asking for settlement to be done and the officer on call is supporting him even after we informed him about all the things he has done. What actions can be taken on him from us legally? We've spent too much for his certified training and had offer Letter stating if no notice period he has to pay one month salary now he's telling that we terminated him as he had not signed any papers of resignation. We've sent him legal notice as well with all the misconduct incidents and dates. Now this police station thing is where I'm not understanding how to take it forward. We don't want to negotiate with him as this will affect our other employees as well whom he's in touch with and Maybe they'll follow the same suit if something goes wrong going forward.
Please guide how to take this up with police and what be done in the station and next course of action. Can he take any actions on us.

From India, Bengaluru
KK!HR
1531

You have to take a call on whether it is worth wasting time on him. Settle the matter amicably and pay whatever little that would satisfy him and go ahead. There are certain instances where taking a practical view and getting rid of such elements, even if in that you are compromising on the policies and rules of the company is advisable, and make a one-time exception.

It is profitable to the thought attributed to Reinhold Niebuhr, Lutheran theologian (1892–1971) "Öh God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference".

From India, Mumbai
Patelreh
Thanks for the advice. We tried doing the settlement but he was insisting for entire salary to be paid. Have taken the other way around of the long legal issues. Please advice what can be done next from our side if he's going to labour.
From India, Bengaluru
aussiejohn
659

Speak to your company's legal advisers, and see what they have to say.

Otherwise take the advice of my colleague above, and do what you have to do to make the person go away. Some matters are not worth expending so much effort on. It would be more expedient to pay him off and end the problem now, rather than let it drag on.

From Australia, Melbourne
KK!HR
1531

The police interference and the threat of criminal prosecution are intimidatory tactics to get you to agree to what he wants. The essential element of any such matter is the criminal intent (mens rea, as it is known in legal circles) is absent in this matter and hence it is liable to be rejected ultimately. The opposite party may also be clear on this but the purpose is to blackmail and extract the maximum. May be approaching the higher authorities like SP/DIG/IG may help.
If you decide to take the bull by the horn, consult the best criminal lawyer in the area and take advice on the tactics required at the local level.

From India, Mumbai
Madhu.T.K
4207

It is true that Police station is not the platform for carrying out labour dispute settlements but the Police can interfere in such matters as a law and order issue. It may be the station officer who is supporting the guy but you can reach some higher Police Officials and ask this station officer to deal with the issue with horse sense. It is stupidity to demand salary for one month after putting in all these issues including coming to office after getting intoxicated.

If the appointment order contains a clause that "you are on probation for a certain period and during probation your service shall be terminated without notice and without assigning any reasons" then use that clause to terminate him. Do not mention any 'reason' for termination but just quote that clause of appointment order. If you mention his misconduct etc, then he can ask for opportunities to be heard, otherwise the dismissal order will become stigmatic. Don't do that. Therefore, please confirm what is mentioned in the offer/ appointment order and take it forward.

From India, Kannur
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