kumaresank
18

1) charge sheet can be issued for his unauthorised absence for work
2) if any service-bond is executed, can file civil suit for recovery of money
3) if breach of contract of service, he can be sued for damages
all the above possible provided that the employees whereabouts are known else total exercise would be futile.

From India, Tiruchchirappalli
kkalyani
Dear All ..

Happy morning...

To certain extent, the views of Gaurav are right. That is when if the organisation/company particulars are known to us. None of the companies are really coming back for a reference check except for Govt orgns/PSUs. As one of our members mentioned, the new orgn. may not be interested in his relieving letter. In such case, the only option is to withhold all his final settlements, if not already paid to him. Money matters.. of course. Another important aspect is if the terms of appointment are not clear w.r.t. separation from the company, like serving a notice, stipulated notice period, etc. in what way can we stop employees from resigning today and joining somewhere else tomorrow. This has become quite common now a days. Even in a PSU this is happening where there are set rules and Policies for such things. Even the address mentioned by them in their enrolment forms are fictitious some times. Where disciplinary action has to be initiated, the employee is nowhere to be traced. The correspondence for their payments, final settlements etc. happends thru' e-mails. Most of the time, any physical communication sent to them returned undelivered as the address is not found/does not exist. Though Govt. rules may sometimes seem to be outdated/stringent, without verification of proper antecedents they never hire employees. Atleast one proper communication address has to be there.

From India, Mumbai
kumaresank
18

holding the wages / not disbursing the wages in due date is violation of law for which the employer shall be liable to pay penality.
From India, Tiruchchirappalli
GauravVedak
5

Hi Mr. RAJIV MADAN,
Let me be more precise for your doubt, I said to hold on PF process & not stop. Holding PF means when the employee desires to withdraw his PF or transfer his PF( employment more than 6 months ), in both the scenario the form comes to the company, this is the time where you can delay in putting your stamp & signatures. Hence, instead of 3 months the duration can be stretched to 06 months.
Also, reference check is a vital tool in current age, once you roll out the offer letter, at the same time you do the background verification, based on positive & valid feedback from the ex- employer, you roll out the appointment letter. This helps the organisation to get the right person for right job or else have to face the issue which Anindita has faced which leads to increase in recruitment cost.
Regards
Gaurav Vedak
Manager - Human Resource.
+ 91 9821880012

From India, Bangalore
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