One of my employees left us without giving a resignation and started working at another company for 5 days. He met with the GM and requested to be taken back. I want to send a strong warning to him regarding this situation. Are there any specific norms or guidelines for handling this type of situation?
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On what grounds do you want to send him a "strong warning"? Are you considering rehiring him and then dismissing him with a warning? Without any intention of rehiring him, sending an enraged response would be a waste of time.
During these five days, has your company had any conversations with him? How did you find out about his new job? Did he inform you? Do you have any written records of such conversations? At this point, your company should focus on reclaiming any company assets first and then checking if any other dues are outstanding on his end, especially regarding intellectual property.
The decision to terminate his employment (as per the appointment letter and supporting evidence) or to ask him to resign should be at the management's discretion. Whatever you decide, convey it to him in plain English.
Thank you.
From India, Mumbai
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15During these five days, has your company had any conversations with him? How did you find out about his new job? Did he inform you? Do you have any written records of such conversations? At this point, your company should focus on reclaiming any company assets first and then checking if any other dues are outstanding on his end, especially regarding intellectual property.
The decision to terminate his employment (as per the appointment letter and supporting evidence) or to ask him to resign should be at the management's discretion. Whatever you decide, convey it to him in plain English.
Thank you.
From India, Mumbai
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Handling an Employee Who Left Without Resignation
Regarding meeting with the GM, simply reprimand him by stating that the company has all the proof and written records of him being absent without notice and joining another organization. Moreover, the appointment letter contains all the clauses necessary for the company to take legal action if he continues to contact the GM regarding the same.
In my suggestion, even if you do not intend to hire him back, allow him to meet with the HR manager for one last discussion. This will satisfy him that he has tried, and perhaps he will stop contacting the GM. During this meeting, HR can also convey all the actions and dues that need to be cleared.
From India, Mumbai
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Regarding meeting with the GM, simply reprimand him by stating that the company has all the proof and written records of him being absent without notice and joining another organization. Moreover, the appointment letter contains all the clauses necessary for the company to take legal action if he continues to contact the GM regarding the same.
In my suggestion, even if you do not intend to hire him back, allow him to meet with the HR manager for one last discussion. This will satisfy him that he has tried, and perhaps he will stop contacting the GM. During this meeting, HR can also convey all the actions and dues that need to be cleared.
From India, Mumbai
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You have written, "He met the GM and requested him to take him back." What did the GM tell him? Will his services be continued or discontinued?
Recommendation on Handling the Situation
Secondly, no matter how strongly worded the letter you write, I recommend sending it under the signature of your GM. By bypassing you, when the worker approached the GM, you were left in a lurch. If you issue a letter and the worker refuses to accept it, you will be left in a lurch once again. Therefore, it is advisable to keep the GM in the loop and take appropriate action.
Discussing Punishment for Unauthorized Absence
Lastly, talk to the GM and find out if he is willing to impose any punishment on the worker for his unauthorized absence. This punishment is in addition to the forfeiture of wages for the absentee period.
Thanks,
Dinesh Divekar
From India, Bangalore
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Recommendation on Handling the Situation
Secondly, no matter how strongly worded the letter you write, I recommend sending it under the signature of your GM. By bypassing you, when the worker approached the GM, you were left in a lurch. If you issue a letter and the worker refuses to accept it, you will be left in a lurch once again. Therefore, it is advisable to keep the GM in the loop and take appropriate action.
Discussing Punishment for Unauthorized Absence
Lastly, talk to the GM and find out if he is willing to impose any punishment on the worker for his unauthorized absence. This punishment is in addition to the forfeiture of wages for the absentee period.
Thanks,
Dinesh Divekar
From India, Bangalore
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Mr. Dinesh has given proper advice on your query. Giving strong warnings, etc., does not solve your problem. First, you need to decide whether you require his service in your establishment. Forget everything that has happened and accept him in service. Give him a warning stating that in the future, if he is found absent without leave or has unauthorized absences, it shall result in the termination of his services. If you are not interested, you can terminate his services subject to disciplinary action.
Regards, Adoni Suguresh Labour Laws Consultant
From India, Bidar
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Regards, Adoni Suguresh Labour Laws Consultant
From India, Bidar
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