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nkulsh
86

Luxture

"we have issued appointment letter on Letter Head and the conditions which was important for us, we took them on stamp paper."

:-) Sorry but You have missed the whole point completely. A company letter head duly stamped and signed by the authorized signatory is and will always be considered a valid LEGAL document in any court of law and tribunals. So if you have done what you said you have done, then believe me it hasn't changed the status quo except for the fact that now you feel mentally reassured... A sense of false security has been created...That's all.

But the issue still remains. Why is it happening? and happening so frequently that you are pressurized to look at ways to ensure they can be

forcefully stopped. Why? why not just look at the root cause and remove the cause and have a happier organization.

Are you or the management even aware of the implication of taking legal action against an employee for this purpose? Very soon the news will spread and you will stop getting good or even average guys to join you. The only people who will join you would be misfits who are either desperate or don't have skills to be employed anywhere. Yes this problem will stop but so will organizational growth.

Every sale has three components... Price, delivery and payment terms. If money is stuck in the market, then you definitely need to look at your order acceptance process. I can understand one person or maybe 2 leaving you like this but the way you have reported this issue, i presume that the number is quite large and hence high receivables are being reported... but that's a sales process issue not a terms and conditions issue...

But To each, His own... Cheers!!

From India, Delhi
Hardeep
55

As said by me as well as several others, this seems to be an issue of credit Terms/ Sales Process which are put in place by the Management with little - if any - control of the Sales Person.
Am curious to hear from the Questioner as to if indeed this is the case. If so, and even then they are getting " employees" accepting their terms on Stamp Paper well then those " employees" must be either desperate or foolish. Both of which are not happy signs...
Just my thoughts...

From United States, New York
SPKR
32

Dear Luxture,

Appointment letters with all the conditions of appointment, with an enclosure of acceptance format is usually designed and issued on the company's letter head duly signed by the concerned appointing authority of the company.

Issue is about action regarding "The vanishing employees, who are supposed to collect the market dues and to make them responsible or how to initiate legal action against them"

This happens when the sales or marketing employees are entrusted with cash collection of sales proceeds. When a sales or marketing persons are entrusted with cash collection,the usual practice is to collect an undertaking of acceptance to deposit adequate Security or Caution Deposit, before duty report. In few cases an undertaking on non-judicial stamp paper along with Two sureties and also with Two witnesses is being taken before accepting his/her duty report. When an undertaking is being taken on company's letter ,along with two witness, it is more than enough. How ever few companies who are over cautious, usually collect such an undertaking on non-judicial stamp paper.

Please consult the Soft Drink/packed food/ Commercial gas distributors for appropriate method they follow, because such practice of cash collection at the time of delivery is in practice.

I feel your concern is addressed

SPKR

3.10.13

From India, Bangalore
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