Please advice. If an employee does not come for work and sends you an sms that they are resigning, what is the action that the company can take.
From India, Mumbai
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From India, Mumbai
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as per the lw he cant lv job like this. u just hold his salry, and pf. dont go for stlment... amit 9964899526
From India, Bangalore
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1From India, Bangalore
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Dear Sangeetaa,
Greetings for the day:)
I do not agree with Mr. Shetty. According to me, firstly issue a show cause notice to him for clarification and ask him to serve a proper notice period as mentioned in his appointment letter or to compensate your company in the absence of a notice period. Simply holding the payments is not a genuine way to deal with employees.
In case the employee is not responding to your communication, issue a reminder notice in which clearly mention a specific time and also state that if there is no response, legal action can be taken against them.
From India, New Delhi
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Greetings for the day:)
I do not agree with Mr. Shetty. According to me, firstly issue a show cause notice to him for clarification and ask him to serve a proper notice period as mentioned in his appointment letter or to compensate your company in the absence of a notice period. Simply holding the payments is not a genuine way to deal with employees.
In case the employee is not responding to your communication, issue a reminder notice in which clearly mention a specific time and also state that if there is no response, legal action can be taken against them.
From India, New Delhi
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The question is quite interesting. In these types of cases, firstly send a notice to his permanent address. If he doesn't communicate, then send another notice. If he still doesn't communicate, you can either send him a legal notice or publish it in a local newspaper and also send the same to his new company.
From India, Calcutta
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From India, Calcutta
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you can hold the salary pf and satlement but befor that according to me there must be a agreement between employer and yee that you have to give a notice before a specified time k
From India, Ahmadabad
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From India, Ahmadabad
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Hey Sangeeta,
If someone is very clear about his/her intentions, then there is no point in beating around the bush. Try to figure out the cause over the telephone or via an email communication. If you can offer a solution that suits both of you, then you have done a good job. Otherwise, ask him to submit a formal resignation letter. Following that, you can send him his settlement and relieving order/letter.
Remember, there is always another HR/hiring manager who is ready to lay out a better proposal to one of your employees.
Regards
From India, Pune
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If someone is very clear about his/her intentions, then there is no point in beating around the bush. Try to figure out the cause over the telephone or via an email communication. If you can offer a solution that suits both of you, then you have done a good job. Otherwise, ask him to submit a formal resignation letter. Following that, you can send him his settlement and relieving order/letter.
Remember, there is always another HR/hiring manager who is ready to lay out a better proposal to one of your employees.
Regards
From India, Pune
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Hi Sangeeta,
In my view, you can do two things:
1) Calculate his final settlement if the company is due to him, then send a letter with the settlement amount and ask him to collect the cheque. If he comes, then take the resignation letter and issue the cheque.
2) If he has any amount owing to the company, then you need to send a show cause notice, reminder notice, and so on, as auditors may ask for this.
Cheers
From India, Bangalore
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In my view, you can do two things:
1) Calculate his final settlement if the company is due to him, then send a letter with the settlement amount and ask him to collect the cheque. If he comes, then take the resignation letter and issue the cheque.
2) If he has any amount owing to the company, then you need to send a show cause notice, reminder notice, and so on, as auditors may ask for this.
Cheers
From India, Bangalore
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Dear Sangeeta,
The most important action one needs to take is to recruit a new person for that position. Secondly, send an email asking him to resign in the appropriate format. If the company policy clearly mentions that dual employment is not allowed, then please send him an email stating that as he has not left the company in the desired format, he will be held liable for a violation of the company policy. The company is in a position to instigate a criminal case against the employee to safeguard the company's business interests and IPR.
An SMS can never be expected as evidence, as stated by the High Court. The company has no right to withhold his PF. PF is the right of the employee. Holding back the PF by the employee will cause severe legal problems. The employee may even file criminal cases against the Directors.
Regards,
Octavious
From India, Mumbai
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The most important action one needs to take is to recruit a new person for that position. Secondly, send an email asking him to resign in the appropriate format. If the company policy clearly mentions that dual employment is not allowed, then please send him an email stating that as he has not left the company in the desired format, he will be held liable for a violation of the company policy. The company is in a position to instigate a criminal case against the employee to safeguard the company's business interests and IPR.
An SMS can never be expected as evidence, as stated by the High Court. The company has no right to withhold his PF. PF is the right of the employee. Holding back the PF by the employee will cause severe legal problems. The employee may even file criminal cases against the Directors.
Regards,
Octavious
From India, Mumbai
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1) Issue him a charge sheet/show-cause notice.
2) Just see what the terms of the contract state in this regard.
3) If he is covered by the Standing Order of the company, act accordingly.
Please provide the details mentioned above to enable us to offer you better advice.
From India, Tiruchchirappalli
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2) Just see what the terms of the contract state in this regard.
3) If he is covered by the Standing Order of the company, act accordingly.
Please provide the details mentioned above to enable us to offer you better advice.
From India, Tiruchchirappalli
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Nowadays, all these issues will come as common errors or problems, but all this depends on how much the resignation of that particular employee will affect the company.
- Keep quiet: You will save the company some money on his settlement.
- Send him a communication letter to come and resign. Hold his settlement until then.
- If he is a senior, responsible, or holds any company documents or belongings, send him a registered post to come to the office or proceed with a legal notice. Hold his settlement until then. Make sure you have followed all HR policies.
From India, Bangalore
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- Keep quiet: You will save the company some money on his settlement.
- Send him a communication letter to come and resign. Hold his settlement until then.
- If he is a senior, responsible, or holds any company documents or belongings, send him a registered post to come to the office or proceed with a legal notice. Hold his settlement until then. Make sure you have followed all HR policies.
From India, Bangalore
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Thank you so much to all of you for responding to my question. The person was from the accounts department and is leaving in March. This manner of departure creates a lot of problems for us, especially since it is the financial year-end. Being a small organization, this person was handling most of the work. I can hold back the last month's salary in lieu of the notice period, but my main issue is about completing the work. As ashishd rightly said, there's no point if the person has made up their mind. I definitely don't want the person to come back and finish the work, but it just doesn't feel fair. That's all. Thanks once again to all of you. Truly appreciate it.
From India, Mumbai
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From India, Mumbai
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Dear Sangeeta Bala,
You can solve the aforementioned problem as follows:
1) If the employee is not in a managerial cadre, as they are not reporting for duty and are sending an SMS, ask them to submit a resignation letter. If they submit the resignation letter, waive the notice period, accept the resignation, prepare their full and final settlement, and send it to their residential address for acceptance.
2) If the employee is in a managerial cadre, act according to the terms of the contract (i.e., appointment letter).
3) In the case of an employee who falls under the definition of a worker/employee as per the Industrial Model Standing Orders Act, 1946, you must follow the principles of natural justice. This involves issuing a show-cause notice, then a charge-sheet, conducting a domestic inquiry (if the employee does not respond to the inquiry), then conducting an ex-parte hearing, and finally terminating their service as per due process of law.
Regards,
N. K. Jagtap
From India, Karwar
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You can solve the aforementioned problem as follows:
1) If the employee is not in a managerial cadre, as they are not reporting for duty and are sending an SMS, ask them to submit a resignation letter. If they submit the resignation letter, waive the notice period, accept the resignation, prepare their full and final settlement, and send it to their residential address for acceptance.
2) If the employee is in a managerial cadre, act according to the terms of the contract (i.e., appointment letter).
3) In the case of an employee who falls under the definition of a worker/employee as per the Industrial Model Standing Orders Act, 1946, you must follow the principles of natural justice. This involves issuing a show-cause notice, then a charge-sheet, conducting a domestic inquiry (if the employee does not respond to the inquiry), then conducting an ex-parte hearing, and finally terminating their service as per due process of law.
Regards,
N. K. Jagtap
From India, Karwar
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Can anyone tell what type of legal action an employer can take against the employee if he is leaving the company without clearing its dues and settlement outstanding. Please advise.
Regards,
Sachin Jaiswal
From India, Mumbai
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Regards,
Sachin Jaiswal
From India, Mumbai
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All depends on how the company's employment policy or standing orders are. Anyhow, you have received a good reply from our friends. The employer cannot force an employee to leave his/her job; that is their right. However, a proper policy will guide the employer.
From India, Bangalore
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From India, Bangalore
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How to Handle an Employee Resignation.doc
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