Dear HR Colleague,
What do we do when employees run away, especially when they have signed a bond to work for two years? We employ individuals and train them on high-end software, yet they leave after just a few months. Even though they have signed a bond before being trained, employees quit without notice. Is there any way we can take action against them?
Thanks in advance for your replies.
Regards,
Praveen
From India
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14What do we do when employees run away, especially when they have signed a bond to work for two years? We employ individuals and train them on high-end software, yet they leave after just a few months. Even though they have signed a bond before being trained, employees quit without notice. Is there any way we can take action against them?
Thanks in advance for your replies.
Regards,
Praveen
From India
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Hi!
This is a good question, but you cannot do anything; it will be a simple waste of time because, in most cases, the job security for an employee on pen and paper is just one month. Whatever agreement you make, it is one-sided, meaning it is all written for the employer's benefit, with little regard for the employee. Moreover, you can take action if the job is permanent in nature, meaning you cannot lay off employees and you provide PF/insurance. In such cases, you have the option to seek legal recourse through the court.
Regards,
Patra
From India
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This is a good question, but you cannot do anything; it will be a simple waste of time because, in most cases, the job security for an employee on pen and paper is just one month. Whatever agreement you make, it is one-sided, meaning it is all written for the employer's benefit, with little regard for the employee. Moreover, you can take action if the job is permanent in nature, meaning you cannot lay off employees and you provide PF/insurance. In such cases, you have the option to seek legal recourse through the court.
Regards,
Patra
From India
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Dear Praveen,
The issue of signing an employee bond is frowned upon by law but not illegal. Anyway, it is a separate issue that can be discussed and argued at some other time. The remedy for you is that if there is a compensation clause in the Bond Agreement, the Company can file for a money suit for violation of contract as per the Indian Contract Act.
Regards, SC
From India, Thane
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The issue of signing an employee bond is frowned upon by law but not illegal. Anyway, it is a separate issue that can be discussed and argued at some other time. The remedy for you is that if there is a compensation clause in the Bond Agreement, the Company can file for a money suit for violation of contract as per the Indian Contract Act.
Regards, SC
From India, Thane
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Hi Patra & Praveen,
Very interesting topic.
This is not only happening in the IT/ITES sector but also in other sectors. We are unable to do anything when employees, after serving for eight or nine months, suddenly go missing. Despite sending numerous notices and memos, there seems to be no impact. They might have gone abroad or shifted to another place and started a new job. Nowadays, many companies are in a recruitment frenzy and do not thoroughly conduct background checks, as meeting recruitment targets becomes their priority, even resorting to poaching. Consequently, some employees join organizations without submitting proper relieving letters and service certificates. This leads to a situation where they are deemed to be working for two companies simultaneously, which is illegal. However, proving this before the law is challenging, and the whereabouts of such individuals remain unknown.
We cannot withhold their statutory benefits like PF since they can claim them by submitting the required forms attested by a sarpanch, MRO (Mandal Revenue Officer), or a gazetted officer. Therefore, attempting to retain these benefits is futile. While options like approaching the court or publishing an advertisement in newspapers to declare an employee absconding exist, these are time-consuming procedures with uncertain outcomes. In such circumstances, I would like to understand the process to bring back the employee, officially relieve them, and settle their accounts with the company. How should we handle cases of absconding and dual employment? Any insights or knowledge on relevant laws would be appreciated.
Regards,
PRADEEP
From India, Hyderabad
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Very interesting topic.
This is not only happening in the IT/ITES sector but also in other sectors. We are unable to do anything when employees, after serving for eight or nine months, suddenly go missing. Despite sending numerous notices and memos, there seems to be no impact. They might have gone abroad or shifted to another place and started a new job. Nowadays, many companies are in a recruitment frenzy and do not thoroughly conduct background checks, as meeting recruitment targets becomes their priority, even resorting to poaching. Consequently, some employees join organizations without submitting proper relieving letters and service certificates. This leads to a situation where they are deemed to be working for two companies simultaneously, which is illegal. However, proving this before the law is challenging, and the whereabouts of such individuals remain unknown.
We cannot withhold their statutory benefits like PF since they can claim them by submitting the required forms attested by a sarpanch, MRO (Mandal Revenue Officer), or a gazetted officer. Therefore, attempting to retain these benefits is futile. While options like approaching the court or publishing an advertisement in newspapers to declare an employee absconding exist, these are time-consuming procedures with uncertain outcomes. In such circumstances, I would like to understand the process to bring back the employee, officially relieve them, and settle their accounts with the company. How should we handle cases of absconding and dual employment? Any insights or knowledge on relevant laws would be appreciated.
Regards,
PRADEEP
From India, Hyderabad
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Dear Pradeep,
The only way out is to go to court. What I cannot understand is, why do you want to take the trouble of bringing him back and officially releasing him? His statutory dues like PF will have to be given to him when he applies, as you have stated, and this PF Fund is with the EPFO unless you have a separate PF trust. In the latter case also, it is not an issue that should bother the company. What most progressive companies do is to make the full and final settlement, and if it requires paying the candidate, that amount is included in the budget and carried forward. If it is the other way round, the provision is kept as per standard accounting procedures.
Another practice that is followed is to keep any original document like a passport, birth proof, etc. This method, although sometimes effective, usually becomes counterproductive, and I am personally against it.
Regards,
SC
From India, Thane
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The only way out is to go to court. What I cannot understand is, why do you want to take the trouble of bringing him back and officially releasing him? His statutory dues like PF will have to be given to him when he applies, as you have stated, and this PF Fund is with the EPFO unless you have a separate PF trust. In the latter case also, it is not an issue that should bother the company. What most progressive companies do is to make the full and final settlement, and if it requires paying the candidate, that amount is included in the budget and carried forward. If it is the other way round, the provision is kept as per standard accounting procedures.
Another practice that is followed is to keep any original document like a passport, birth proof, etc. This method, although sometimes effective, usually becomes counterproductive, and I am personally against it.
Regards,
SC
From India, Thane
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Hi!
We can only minimize such cases by asking the employee to give some notice period and settle down the case. As per the law, you can come to an agreement with the employee on that case. You have to outline the facilities you will provide to the employee during the bond period in detail, and specify the amount you will pay if you terminate the employee.
According to the law, "There can't be an agreement between a lion and a rat" because they are not equally strong parties, and the employee may argue that he had no job, which is why he took that step. In court, the case will likely not stand unless the employee has taken some of your patent/IP/source code, which you will need to prove.
It is known that people often move to the USA/UK from a company and change jobs there, and the company cannot take any action. My suggestion is to have a simple entry and exit policy, allowing employees to leave at will, and focus on retaining them by offering perks and fostering a positive work culture. You could also consider implementing a bond that may put some mental pressure on the employee.
Regards,
Patra
From India
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We can only minimize such cases by asking the employee to give some notice period and settle down the case. As per the law, you can come to an agreement with the employee on that case. You have to outline the facilities you will provide to the employee during the bond period in detail, and specify the amount you will pay if you terminate the employee.
According to the law, "There can't be an agreement between a lion and a rat" because they are not equally strong parties, and the employee may argue that he had no job, which is why he took that step. In court, the case will likely not stand unless the employee has taken some of your patent/IP/source code, which you will need to prove.
It is known that people often move to the USA/UK from a company and change jobs there, and the company cannot take any action. My suggestion is to have a simple entry and exit policy, allowing employees to leave at will, and focus on retaining them by offering perks and fostering a positive work culture. You could also consider implementing a bond that may put some mental pressure on the employee.
Regards,
Patra
From India
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I woudl like to mention here the services under the Indian Air Forces Act, in which a bond is signed so that a pilot is forced to render a fixed bond period or pay back for training in breach thereof, which is huge.
How are they able to enforce it?
As per mutual bonds, besides age proof or passport some security bond amount can also be held from the new recruitee.
The bond format can be -
SECURITY BOND
KNOW ALL MEN by this security bond we Ms. -----------------, W/o. -----------, R/o. -------------------------------, Ms. ------------, W/o. ---------, -----------------------------, Ms. S. ----------------- R/o. ---------------------------------------- are firmly held and bound unto Company name (here-in-after called (Short title of company name) which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) in the sum of Rs. 15,000/- (Rupees fifteen thousand only) to be paid to the (name of Company) or its successors and assigns as the case may be for which payment we bind ourselves and our respective heirs, executors, administrators, jointly, severally, individually and respectively.
Signed this 15th day of March, 2006.
ABC
XYZ
ABY
WHEREAS the (name of Company) has agreed to employ Ms. ABC as Secretary on the terms and conditions contained in the letter of appointment dated 23rd February, 2006 subject to the applicable rules and regulations of the (name of Company) and further on the conditions that the employee furnishes a security bond in the sum of Rs. 15,000/- (Rupees fifteen thousand only) from herself and from two sureties assuring the services of the employee for a period not less than 3 years from the date of employment, i.e. w.e.f 01.03.2006 and also the faithful, honest and diligent performance and discharge of duties by the employee during the period of her service with the (name of Company).
Cont…2/
:: 2 ::
NOW THE CONDITION OF THE ABOVE WRITTEN BOND OR OBLIGATION is that if the employee shall serve the (name of Company) for a period of 36 months and shall all along during the continuity of her service with (name of Company) whether in the original or in any transferred post, during the said period of 3 years and thereafter if continues in employment of the (name of Company) always duly, faithfully, honestly and diligently perform and discharge the duties of such office or offices which she shall hold and exercise for the time being and indemnify and keep indemnified (name of Company) against all and every loss and damage suffered on account of any act of commission or omission or default on the part of the employee, then the above written bond or obligation shall be void and of no effect, otherwise the same shall be and remain in full force and virtue.
PROVIDED HOWEVER, notwithstanding anything here-in-before contained it is hereby mutually agreed and declared by and between the parties that the employee and the said sureties Ms. XYZand Mr. Aby shall not in any case be at liberty nor shall have the power to terminate their obligations, assurances, undertakings, suretyship under this bond before fully indemnifying the (name of Company)against all monies due or which may thereafter become due on account of the assurances etc. under the above written bond.
IN WITNESS WHEREOF we have signed this deed on the 16th day of March 2006.
ABC
XYZ
ABY
Witnesses:-
1.
2.
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How are they able to enforce it?
As per mutual bonds, besides age proof or passport some security bond amount can also be held from the new recruitee.
The bond format can be -
SECURITY BOND
KNOW ALL MEN by this security bond we Ms. -----------------, W/o. -----------, R/o. -------------------------------, Ms. ------------, W/o. ---------, -----------------------------, Ms. S. ----------------- R/o. ---------------------------------------- are firmly held and bound unto Company name (here-in-after called (Short title of company name) which expression shall unless repugnant to the context or meaning thereof include its successors and assigns) in the sum of Rs. 15,000/- (Rupees fifteen thousand only) to be paid to the (name of Company) or its successors and assigns as the case may be for which payment we bind ourselves and our respective heirs, executors, administrators, jointly, severally, individually and respectively.
Signed this 15th day of March, 2006.
ABC
XYZ
ABY
WHEREAS the (name of Company) has agreed to employ Ms. ABC as Secretary on the terms and conditions contained in the letter of appointment dated 23rd February, 2006 subject to the applicable rules and regulations of the (name of Company) and further on the conditions that the employee furnishes a security bond in the sum of Rs. 15,000/- (Rupees fifteen thousand only) from herself and from two sureties assuring the services of the employee for a period not less than 3 years from the date of employment, i.e. w.e.f 01.03.2006 and also the faithful, honest and diligent performance and discharge of duties by the employee during the period of her service with the (name of Company).
Cont…2/
:: 2 ::
NOW THE CONDITION OF THE ABOVE WRITTEN BOND OR OBLIGATION is that if the employee shall serve the (name of Company) for a period of 36 months and shall all along during the continuity of her service with (name of Company) whether in the original or in any transferred post, during the said period of 3 years and thereafter if continues in employment of the (name of Company) always duly, faithfully, honestly and diligently perform and discharge the duties of such office or offices which she shall hold and exercise for the time being and indemnify and keep indemnified (name of Company) against all and every loss and damage suffered on account of any act of commission or omission or default on the part of the employee, then the above written bond or obligation shall be void and of no effect, otherwise the same shall be and remain in full force and virtue.
PROVIDED HOWEVER, notwithstanding anything here-in-before contained it is hereby mutually agreed and declared by and between the parties that the employee and the said sureties Ms. XYZand Mr. Aby shall not in any case be at liberty nor shall have the power to terminate their obligations, assurances, undertakings, suretyship under this bond before fully indemnifying the (name of Company)against all monies due or which may thereafter become due on account of the assurances etc. under the above written bond.
IN WITNESS WHEREOF we have signed this deed on the 16th day of March 2006.
ABC
XYZ
ABY
Witnesses:-
1.
2.
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Dear Pradeep,
I think it is definitely our responsibility to ensure that employees leave the organization ethically. In fact, let me tell you, there is a definite stance in the court if you have a service agreement that is legally framed and under the guidance of a reputed and professional lawyer. It definitely helps. Moreover, the court of law also justifies such cases if the employers have put in a lot of effort in training the employees and then not getting any results. Therefore, you can definitely pursue this case in court because we need to put a stop to such actions taken by employees. If we don't do this, there is no meaning to the service agreement or bond.
Another approach could be to keep a bank guarantee of a particular amount taken from the employee or post-dated cheques which are returned every 6 months. At the end of the bond completion period, you can return all the cheques. This method has been successful in my company, and I have consulted with lawyers before implementing this. They are of the opinion that if a cheque bounces, it constitutes a criminal offence.
No HR professional wants to take such drastic steps. However, today's job market has changed tremendously, so if we don't take such measures, our company will continue to face problems.
Regards,
Pooja
From India, Pune
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I think it is definitely our responsibility to ensure that employees leave the organization ethically. In fact, let me tell you, there is a definite stance in the court if you have a service agreement that is legally framed and under the guidance of a reputed and professional lawyer. It definitely helps. Moreover, the court of law also justifies such cases if the employers have put in a lot of effort in training the employees and then not getting any results. Therefore, you can definitely pursue this case in court because we need to put a stop to such actions taken by employees. If we don't do this, there is no meaning to the service agreement or bond.
Another approach could be to keep a bank guarantee of a particular amount taken from the employee or post-dated cheques which are returned every 6 months. At the end of the bond completion period, you can return all the cheques. This method has been successful in my company, and I have consulted with lawyers before implementing this. They are of the opinion that if a cheque bounces, it constitutes a criminal offence.
No HR professional wants to take such drastic steps. However, today's job market has changed tremendously, so if we don't take such measures, our company will continue to face problems.
Regards,
Pooja
From India, Pune
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Hi Swastik & Patra,
Thank you for chipping in with some useful information. As rightly pointed out by Swastik, the better way out is to approach court, to which I agree as the suitable alternative, even though it is a cumbersome process. The reason I wanted the employee to come back and settle his account is to clear his dues, for which we can adopt a process and write off at a later date, which I also agree with. I am also against the execution of bonds, so that option is ruled out. I just wanted to find out if there is any other alternative to deal with these kinds of employees.
The reason is that most managements point out as if it is a failure on the part of the HR department if an employee absconds from the organization and joins its competitor without any intimation. In order to avoid such humiliation and embarrassment at the hands of management, is there any other way to take swift and immediate action on such employees?
Regards,
PRADEEP
From India, Hyderabad
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Thank you for chipping in with some useful information. As rightly pointed out by Swastik, the better way out is to approach court, to which I agree as the suitable alternative, even though it is a cumbersome process. The reason I wanted the employee to come back and settle his account is to clear his dues, for which we can adopt a process and write off at a later date, which I also agree with. I am also against the execution of bonds, so that option is ruled out. I just wanted to find out if there is any other alternative to deal with these kinds of employees.
The reason is that most managements point out as if it is a failure on the part of the HR department if an employee absconds from the organization and joins its competitor without any intimation. In order to avoid such humiliation and embarrassment at the hands of management, is there any other way to take swift and immediate action on such employees?
Regards,
PRADEEP
From India, Hyderabad
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Dear Pooja,
Thank you for that suggestion. Our company is not an IT or ITES company. We are into core engineering, and we train employees in software that is not available in any training institute. The best part is we pay employees to learn, and all we ask from them is 2 years of their service once they complete their training.
To date, we have not found any academy or college in the country that is conducting training on the tools we use in our industry.
It is very difficult to lose employees who leave us in the middle of a project and simply vanish. I know all bonds in this country are one-sided, and it is a very expensive matter in terms of time more than money to follow up.
But as a matter of principle and to deter others from doing the same, we need a workable solution. We need some legal support to cut down on this type of behavior from employees. After all, organizations also invest 3 to 5 times the salary they pay to an employee for their development.
Thank you all for your valuable inputs, but I need the best solution as we face this sort of problem time and again.
Regards,
Praveen
Praveen@sidvincoretech.com
From India
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Thank you for that suggestion. Our company is not an IT or ITES company. We are into core engineering, and we train employees in software that is not available in any training institute. The best part is we pay employees to learn, and all we ask from them is 2 years of their service once they complete their training.
To date, we have not found any academy or college in the country that is conducting training on the tools we use in our industry.
It is very difficult to lose employees who leave us in the middle of a project and simply vanish. I know all bonds in this country are one-sided, and it is a very expensive matter in terms of time more than money to follow up.
But as a matter of principle and to deter others from doing the same, we need a workable solution. We need some legal support to cut down on this type of behavior from employees. After all, organizations also invest 3 to 5 times the salary they pay to an employee for their development.
Thank you all for your valuable inputs, but I need the best solution as we face this sort of problem time and again.
Regards,
Praveen
Praveen@sidvincoretech.com
From India
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Hi Praveen,
Let me tell you that I am also working with an engineering company. Mine is also the only Indian company that owns its technology, and nobody in India or abroad has the same technology in-house built. We also train engineers on hardware and software solutions. Thus, we were forced to take actions against people who get trained and then vanish to other jobs. All the solutions that I have referred to you are implemented by myself within my company. So, I am sure they do have a success ratio if implemented properly.
Secondly, we need to understand that although the agreement is one-sided, we do give a copy of it to the employees in advance, and then they give us their consent. So, it is not really fooling people and then asking them to join. Professionals need to realize that we, as employees, also have some responsibility towards the company, and finally, it counts as professional ethics.
Regards,
Pooja
From India, Pune
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Let me tell you that I am also working with an engineering company. Mine is also the only Indian company that owns its technology, and nobody in India or abroad has the same technology in-house built. We also train engineers on hardware and software solutions. Thus, we were forced to take actions against people who get trained and then vanish to other jobs. All the solutions that I have referred to you are implemented by myself within my company. So, I am sure they do have a success ratio if implemented properly.
Secondly, we need to understand that although the agreement is one-sided, we do give a copy of it to the employees in advance, and then they give us their consent. So, it is not really fooling people and then asking them to join. Professionals need to realize that we, as employees, also have some responsibility towards the company, and finally, it counts as professional ethics.
Regards,
Pooja
From India, Pune
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Hi All,
Really an interesting discussion. What can all companies do without a release letter from the previous employer? We will not allow entry without it. As a one-sided bond doesn't have much legal value, it's better not to go through that route, especially in IT/ITES companies where job security of the employee is only equivalent to one month's salary. If you can offer a permanent job and have a service agreement in place, that would be valid.
When I asked one of the reputed Supreme Court lawyers, he clearly told me that for an IT job where job security is just one month's salary, there is limited recourse for the employer.
The best way to uphold ethical HR practices is to not hire anybody without a release letter!
Regards,
Patra
From India
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Really an interesting discussion. What can all companies do without a release letter from the previous employer? We will not allow entry without it. As a one-sided bond doesn't have much legal value, it's better not to go through that route, especially in IT/ITES companies where job security of the employee is only equivalent to one month's salary. If you can offer a permanent job and have a service agreement in place, that would be valid.
When I asked one of the reputed Supreme Court lawyers, he clearly told me that for an IT job where job security is just one month's salary, there is limited recourse for the employer.
The best way to uphold ethical HR practices is to not hire anybody without a release letter!
Regards,
Patra
From India
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Hi,
I think Patra is right. We as HR professionals first have to take measures to avoid people leaving without notice period or proper exit formalities. Therefore, we should not allow candidates to join our organization with a relieving letter from their previous employer. I believe this also reflects the personal and professional values that the candidate will bring to our company. Otherwise, there is no guarantee that the candidate will not leave our company without following proper exit procedures.
Regards,
Pooja
From India, Pune
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I think Patra is right. We as HR professionals first have to take measures to avoid people leaving without notice period or proper exit formalities. Therefore, we should not allow candidates to join our organization with a relieving letter from their previous employer. I believe this also reflects the personal and professional values that the candidate will bring to our company. Otherwise, there is no guarantee that the candidate will not leave our company without following proper exit procedures.
Regards,
Pooja
From India, Pune
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Dear Patra and Pooja,
That is one point we really need to implement. It happened to us once. We had a client sitting in our office who suddenly demanded a replacement for one of the team members working under him. Since the project was at its peak, we had no time to check all documents and ended up hiring a candidate who walked in.
We informed the candidate that he needed to provide all relevant documents at a later stage, which he never did. Under pressure, HR personnel sometimes bend the rules, especially when the client is in the office, as was the case for us.
As you mentioned, we must follow an ethical hiring process to avoid being deceived, as we experienced.
Regards,
Praveen
From India
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That is one point we really need to implement. It happened to us once. We had a client sitting in our office who suddenly demanded a replacement for one of the team members working under him. Since the project was at its peak, we had no time to check all documents and ended up hiring a candidate who walked in.
We informed the candidate that he needed to provide all relevant documents at a later stage, which he never did. Under pressure, HR personnel sometimes bend the rules, especially when the client is in the office, as was the case for us.
As you mentioned, we must follow an ethical hiring process to avoid being deceived, as we experienced.
Regards,
Praveen
From India
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Hi all,
We are facing a similar problem in our company. An employee has absconded, leaving 4 projects at stake. The employee had signed a bond for a period of one year.
1. We need to send a letter to his home address stating the reasons for the uninformed absence. The letter should mention when we should receive the reply and the actions that will be taken if there is no reply. Usually, these employees will not accept any mails from the company.
2. If there is a reply from the employee (if it's a genuine case of accident (to be verified based on the medical reports submitted), therefore unable to work, or got another job, etc.), the issue can be settled with the help of an arbitrator by arbitration by coming to a mutual understanding.
3. If there is no reply from the employee, this issue can be taken to civil court, and we can get the liquidated damages caused by the employee if that is defined in the agreement. But as you know, the court procedures are real-time taking procedures. The whole procedure can take up to more than 3 years.
Other actions that can be taken will be sending a letter to the current employer, advertising about the person in the local newspaper, etc.
Hope this info helps you.
Asha
From India, Madras
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We are facing a similar problem in our company. An employee has absconded, leaving 4 projects at stake. The employee had signed a bond for a period of one year.
1. We need to send a letter to his home address stating the reasons for the uninformed absence. The letter should mention when we should receive the reply and the actions that will be taken if there is no reply. Usually, these employees will not accept any mails from the company.
2. If there is a reply from the employee (if it's a genuine case of accident (to be verified based on the medical reports submitted), therefore unable to work, or got another job, etc.), the issue can be settled with the help of an arbitrator by arbitration by coming to a mutual understanding.
3. If there is no reply from the employee, this issue can be taken to civil court, and we can get the liquidated damages caused by the employee if that is defined in the agreement. But as you know, the court procedures are real-time taking procedures. The whole procedure can take up to more than 3 years.
Other actions that can be taken will be sending a letter to the current employer, advertising about the person in the local newspaper, etc.
Hope this info helps you.
Asha
From India, Madras
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Hi,
I do have a question regarding this. I have heard of companies sending warnings to employees who break their bonds, stating that legal actions will be taken if he/she does not join back. My question is, will this affect the company who has newly employed the person who came out by breaking the bond? Can companies recruit a person who has left by breaking his bond in another organization?
Regards,
Krithi
From India, Coimbatore
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I do have a question regarding this. I have heard of companies sending warnings to employees who break their bonds, stating that legal actions will be taken if he/she does not join back. My question is, will this affect the company who has newly employed the person who came out by breaking the bond? Can companies recruit a person who has left by breaking his bond in another organization?
Regards,
Krithi
From India, Coimbatore
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Hi All,
In spite of we thinking in regards to why an employee quits after signing the bond, we can think why do the quits? Who makes him to quit? What are the necessary steps to be taken so that he/she will stick with us?
We should think of employee's perspective and provide the solution.
We need analyze the employee on weekly basis and understand his problems, wants, needs and the company should find a solution for that. Of course we cannot satisfy him completely but an alternative can be found
May be this might help the employee to stick with us.
Regards,
Rajendran R
Span Outsourcing Pvt. Ltd
Bangalore.
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In spite of we thinking in regards to why an employee quits after signing the bond, we can think why do the quits? Who makes him to quit? What are the necessary steps to be taken so that he/she will stick with us?
We should think of employee's perspective and provide the solution.
We need analyze the employee on weekly basis and understand his problems, wants, needs and the company should find a solution for that. Of course we cannot satisfy him completely but an alternative can be found
May be this might help the employee to stick with us.
Regards,
Rajendran R
Span Outsourcing Pvt. Ltd
Bangalore.
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Hi, I would like to put some info for this:
In my company, we made a bond with high restrictions and compensation, then one employee ran away. We followed through legal action, but there was no use. The court declared that there is no section or law to restrict an employee from leaving the organization within the bond period. Employees have the right to leave the organization for their future prospects.
In the present scenario, some IT/ITES companies are not even asking for relieving letters and experience letters. With this advantage, employees leave after 6 months to 1 year.
Looking at all these, the bond is just to make a fresher a little obedient (this is my point of view).
Regards,
Srinivas
From India, Hyderabad
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In my company, we made a bond with high restrictions and compensation, then one employee ran away. We followed through legal action, but there was no use. The court declared that there is no section or law to restrict an employee from leaving the organization within the bond period. Employees have the right to leave the organization for their future prospects.
In the present scenario, some IT/ITES companies are not even asking for relieving letters and experience letters. With this advantage, employees leave after 6 months to 1 year.
Looking at all these, the bond is just to make a fresher a little obedient (this is my point of view).
Regards,
Srinivas
From India, Hyderabad
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This is a very frustrating issue.
I think you should try to get information about the company they have ventured and talk to the HR manager there about the inconsistency of the particular employee. On the other hand, you should also try to understand and find out what makes people run away from your organization. Recently, a manufacturing company announced an increment of 20% to the GETs. An analysis and improvement were done in the culture/environment of the organization. Try to find the loopholes in the present HR system. You cannot stop people from going anywhere, but you can lure them with various initiatives.
From India, Chandigarh
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I think you should try to get information about the company they have ventured and talk to the HR manager there about the inconsistency of the particular employee. On the other hand, you should also try to understand and find out what makes people run away from your organization. Recently, a manufacturing company announced an increment of 20% to the GETs. An analysis and improvement were done in the culture/environment of the organization. Try to find the loopholes in the present HR system. You cannot stop people from going anywhere, but you can lure them with various initiatives.
From India, Chandigarh
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If you look at the reason, it's always the money, infrastructure, etc. There are only a handful of people who will stick to a company and contribute. Everyone waits for the increment to happen and will leave as soon as the letter is in hand. Employees working in small-sized companies have this tendency the most, though it's a kind of natural tendency. When they join, they nod heads for everything; as soon as they get exposure of 6 months, they will jump. Where there is money, there are software engineers as the IT boom is at its peak now. We can expect more behavior like these.
But the question is, will we take employees who have the tendency of becoming a "rolling stone"? What if he/she does the same to us?
From India, Madras
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But the question is, will we take employees who have the tendency of becoming a "rolling stone"? What if he/she does the same to us?
From India, Madras
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When it comes to attrition rate, I personally think that rather than taking it as a problem, we should look at the problems, rather than thinking about runaway employees.
When it comes to statutes, PF, attendance, and maintaining of leave registers, muster registers, etc., there is a cure for those who think Personnel guys. I came across this idea in one of the industries. It's a very practical one.
What is required is maintaining new registers especially meant for fresh recruits. Keep track of them for the first 3 to 4 months and if it's found that the consistency of the employee and their behavior is matching the requirement, then bring them to the original company muster rolls. I know it's not ethical, but at least it can alleviate some fear of losing employees and other hectic work with employment rules.
The rest, there are other HR tools to keep track of the same. Feedback invited.
Regards,
Pritam
From United States, Fort Worth
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When it comes to statutes, PF, attendance, and maintaining of leave registers, muster registers, etc., there is a cure for those who think Personnel guys. I came across this idea in one of the industries. It's a very practical one.
What is required is maintaining new registers especially meant for fresh recruits. Keep track of them for the first 3 to 4 months and if it's found that the consistency of the employee and their behavior is matching the requirement, then bring them to the original company muster rolls. I know it's not ethical, but at least it can alleviate some fear of losing employees and other hectic work with employment rules.
The rest, there are other HR tools to keep track of the same. Feedback invited.
Regards,
Pritam
From United States, Fort Worth
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I have a query; please help -
If your work experience is like this -
Company A - Worked for 4-5 months. Got your PF account and tax deducted as per rule. This company also has a bond that is not paid. No work experience certificate taken as well.
Company B - Worked for 14 months. Got your work experience certificate and all, but this company neither deducts tax nor deducts PF.
Company C - Have to join very soon.
In any case, does not being on the legally correct side for Company A will affect Company C's recruitment from three perspectives - Tax; PAN number; PF account. Company C doesn't know that there was any association with Company A at any point in time.
Regards,
God's Son
From India, Bharat
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If your work experience is like this -
Company A - Worked for 4-5 months. Got your PF account and tax deducted as per rule. This company also has a bond that is not paid. No work experience certificate taken as well.
Company B - Worked for 14 months. Got your work experience certificate and all, but this company neither deducts tax nor deducts PF.
Company C - Have to join very soon.
In any case, does not being on the legally correct side for Company A will affect Company C's recruitment from three perspectives - Tax; PAN number; PF account. Company C doesn't know that there was any association with Company A at any point in time.
Regards,
God's Son
From India, Bharat
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Hi Dear manager,
The topic is more or less related to job satisfaction. If the people are job satisfied, they will never run away. Taking into consideration the yearly salary survey within your organization and in the market - in Sudan, the law allows any employee to quit after a period of one month's warning.
Let us think about the real factors of job satisfaction to prevent people from running away.
BR A/Rahim
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The topic is more or less related to job satisfaction. If the people are job satisfied, they will never run away. Taking into consideration the yearly salary survey within your organization and in the market - in Sudan, the law allows any employee to quit after a period of one month's warning.
Let us think about the real factors of job satisfaction to prevent people from running away.
BR A/Rahim
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf