How To Recover Sal Advance From Resigned Employee

Hi All, Having an problem handling an cranky senior empoyee (Joined in june 08).The employee has resigned after absconding from project and dont want to serve notice period. He absconded in Mid Nov 08 and after contact with him said he will be back and after a week he mails his resignation. 1. Have taken Salary advance which is still to be recovered 2. Don't want to serve the notice period 3. Deleted all the business and project related data and the mail files from the Laptop before returning. 4. Have misused company's cell for his personal use with huge bills for 2-3k per month. presently he is not responding to call and mails , from which we have sent notice to his permenant address. Can we take legal action or any other way the form can suggest. Regards Vinod

These are some common problems we, the HR personnels, face. Having left the establishment, you have no option to recover salary advance. You can send notices calling on him to appear before the MD and asking him to pay the amount received by him in advance. If he does not turn up, you have to close the file after terminating him. Paying salary advance and recovering the same and restricting the mobile bills are purely matters of the company. Therefore, even if you go legally, I do not think that any positive result will emerge. As an HR Person, you can 'start' sending notices asking to face disciplinary action and comunicating the date of enquiry. Regards, Madhu.T.K

Mr. Vinod, Check with your terms of employment, is there any specific condition about use of official information. Based on your terms of appointment, you can initiate leagal action. Don't accept the resignation and initiate disciplinary action as per the address available on records. If he is not, responiding have a ex-party enquiry and complete the process as advised by the enquiring authority to avoid future claims. Regards, Murugavel.B Chennai

Hi Vinoth, In your case you can send a legal notice to him to repay the salary advance within one week.If he is not replying to your first letter send the second notice or otherwise you can hold the PF Form from your end. Warmest Regards, Mohan.M.S

Dear All, As regards Salary advance if he resigns after receiving salary on 7 or 10 as case may be HR Deptt is not in possession to recover it. Yes in case of loan we can take PDC cheques against the loan. In this case if cheque bounced you can take legal action. As regards telephone uses you can send legal notice for misuse of company property. Dabas

Dear vinod, why you accepted resiganation letter,give answer back to his mails yours resignation letter not accepted.countinus mails to him. after you have to send register post to his address about yours resigned not accepted. & you clear yours all responsibility & due work by you.under the notice period. go with legal action & make push for doing notice period work. & all yours due recover from his notice period salary.