Employee Disciplinary Issue and Financial Recovery
I am running a small company and facing a problem with one of the employees as follows. He joined our company in February 2013 as a trainee on a training allowance, and we committed to making him permanent based on his performance after three months. He was indeed a skilled worker but lacked discipline, always being late or sometimes not showing up at the office. Every morning, he would offer some excuse. We hoped he would change, so we provided him with an appointment and even increased his salary. However, he continued in the same manner with numerous authorized and unauthorized absences.
Since last August, his mobile bill, for the connection provided by the company, started increasing despite not making calls to any customers or colleagues. We warned him in the first month, but the bill kept rising. We considered deducting it from his salary, but due to his leaves, we were unable to do so.
Incident of Lost Equipment and Financial Agreement
In October, while on duty, he lost his bag containing testing equipment worth almost 1 lakh along with other belongings. After discussing the matter, we reached an agreement to deduct all mobile bills and 50% of the lost goods from his salary monthly, with the possibility of writing off the full amount after six months based on his performance (though an agreement was prepared, it was not signed). However, he stopped reporting to duty, retained the company mobile, and the bill accumulated to an additional 5000. Unfortunately, we cannot disconnect the service since it is a corporate connection, and the mobile company indicated that such action could only be taken during the billing cycle.
Seeking Advice on Recovery Actions
For the past three months, he has not been responding to our calls. We seek advice on what actions we can take against him. Is it feasible to recover our losses resulting from negligence and misuse? Your guidance on this matter would be greatly appreciated.
From India
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I am running a small company and facing a problem with one of the employees as follows. He joined our company in February 2013 as a trainee on a training allowance, and we committed to making him permanent based on his performance after three months. He was indeed a skilled worker but lacked discipline, always being late or sometimes not showing up at the office. Every morning, he would offer some excuse. We hoped he would change, so we provided him with an appointment and even increased his salary. However, he continued in the same manner with numerous authorized and unauthorized absences.
Since last August, his mobile bill, for the connection provided by the company, started increasing despite not making calls to any customers or colleagues. We warned him in the first month, but the bill kept rising. We considered deducting it from his salary, but due to his leaves, we were unable to do so.
Incident of Lost Equipment and Financial Agreement
In October, while on duty, he lost his bag containing testing equipment worth almost 1 lakh along with other belongings. After discussing the matter, we reached an agreement to deduct all mobile bills and 50% of the lost goods from his salary monthly, with the possibility of writing off the full amount after six months based on his performance (though an agreement was prepared, it was not signed). However, he stopped reporting to duty, retained the company mobile, and the bill accumulated to an additional 5000. Unfortunately, we cannot disconnect the service since it is a corporate connection, and the mobile company indicated that such action could only be taken during the billing cycle.
Seeking Advice on Recovery Actions
For the past three months, he has not been responding to our calls. We seek advice on what actions we can take against him. Is it feasible to recover our losses resulting from negligence and misuse? Your guidance on this matter would be greatly appreciated.
From India
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Company Policy and Asset Management
I would like to suggest you first check your company policy regarding what is written if employees lose company assets. If there is no policy on the loss or damage of assets, then kindly define one. "Disciplinary action" can be taken against individuals for any misuse, damage, or theft of company assets. This can help avoid losses from such issues in the future.
Handling Employee Absenteeism and Asset Recovery
Further, if the employee has not given a proper resignation, go through the terms and conditions mentioned in the appointment letter. As he did not inform you about his absenteeism nor is he responding to any of your calls for the past three months, and he has not surrendered office property as well (files/documents/office equipment - if any), you can send a show cause letter to him at his address.
Regards,
Supriya (HR)
From India, Mumbai
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26I would like to suggest you first check your company policy regarding what is written if employees lose company assets. If there is no policy on the loss or damage of assets, then kindly define one. "Disciplinary action" can be taken against individuals for any misuse, damage, or theft of company assets. This can help avoid losses from such issues in the future.
Handling Employee Absenteeism and Asset Recovery
Further, if the employee has not given a proper resignation, go through the terms and conditions mentioned in the appointment letter. As he did not inform you about his absenteeism nor is he responding to any of your calls for the past three months, and he has not surrendered office property as well (files/documents/office equipment - if any), you can send a show cause letter to him at his address.
Regards,
Supriya (HR)
From India, Mumbai
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Employee Equipment and SIM Card Management
It seems the employee is in the technician or worker category. Do you have any proof of handing over the equipment to him? If not surrendered, you have to lodge a police complaint.
Is the SIM card in the name of the company or an individual? If it is in the company's name, deactivate it to prevent the mounting bill.
Regards,
Pon, Chennai
From India, Lucknow
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It seems the employee is in the technician or worker category. Do you have any proof of handing over the equipment to him? If not surrendered, you have to lodge a police complaint.
Is the SIM card in the name of the company or an individual? If it is in the company's name, deactivate it to prevent the mounting bill.
Regards,
Pon, Chennai
From India, Lucknow
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Already you have received some replies in this case. Mr. Pon has advised you to deactivate the SIM card. I hope you have contacted the service provider. If the service provider is not deactivating it, then you have the option to switch all the CUG numbers to another service provider. By mentioning Mobile Number Portability (MNP) to your service provider, all issues regarding mobile deactivation should be resolved.
Steps to Address Absconded Employee
After that, please send two letters to your absconded employee regarding his absence. In the first letter, do not forget to mention the company property, including the lost testing equipment materials, and instruct him to return them without delay. In the second letter, after a 10-day break, refer to the previous letter and instruct him to surrender the company property. Inform him that if he fails to return the items, the company will take legal action.
Additionally, lodge a police complaint against the absconded employee, listing the materials he lost and has not returned to the company. Request assistance in retrieving the property from the absconded employee.
Following these steps, the absconded employee is likely to surrender to you.
Please let me know if you need further assistance.
Best regards,
Regards
From India, Kumbakonam
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Steps to Address Absconded Employee
After that, please send two letters to your absconded employee regarding his absence. In the first letter, do not forget to mention the company property, including the lost testing equipment materials, and instruct him to return them without delay. In the second letter, after a 10-day break, refer to the previous letter and instruct him to surrender the company property. Inform him that if he fails to return the items, the company will take legal action.
Additionally, lodge a police complaint against the absconded employee, listing the materials he lost and has not returned to the company. Request assistance in retrieving the property from the absconded employee.
Following these steps, the absconded employee is likely to surrender to you.
Please let me know if you need further assistance.
Best regards,
Regards
From India, Kumbakonam
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