Ours is a software development firm. At a critical stage (before 5 months), we selected about 13 candidates (freshers) together and made them sign a legal bond for 1 year for which the compensation was 1.5 lakhs, as there was a project upcoming.
In our company policy, it is mentioned that if an employee wants to be relieved, they should give a one-month prior notice for the company to meet its formalities.
Now, one of the employees among them has been absent for 3 days with a casual email stating that he is resigning from the company. I called his home and learned from his father that he has moved out of the state for a new opening. My boss has asked me to send a letter to his permanent address outlining all the legal aspects.
Please share your suggestions regarding the issue, and if anyone has a format of the above-mentioned letter, please share it with me.
Thank you,
San
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I have corrected the spelling, grammar, and formatting of the text while preserving the original meaning and tone.
From India, Thiruvananthapuram
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In our company policy, it is mentioned that if an employee wants to be relieved, they should give a one-month prior notice for the company to meet its formalities.
Now, one of the employees among them has been absent for 3 days with a casual email stating that he is resigning from the company. I called his home and learned from his father that he has moved out of the state for a new opening. My boss has asked me to send a letter to his permanent address outlining all the legal aspects.
Please share your suggestions regarding the issue, and if anyone has a format of the above-mentioned letter, please share it with me.
Thank you,
San
---
I have corrected the spelling, grammar, and formatting of the text while preserving the original meaning and tone.
From India, Thiruvananthapuram
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Hi San, Even after signing an agreement does the company relieve the employee if he is serving the notice for a month. Regards, Santosh Nag
From India, Mumbai
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From India, Mumbai
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The point is contracts are are just legal trash for both employees and employers.
"One must be aware that bonded labour is banned in India".
1 qs. -Are you so sure your company is doing things right? Maybe there's a reason people are leaving. While I agree these people are very unprofessional, and even stupid, in the long-term.
The employee will not get the final settlement and the relieving letter which is very imp. now- a days as a joining requisite in any co.
Rgds,
Madhavi.
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"One must be aware that bonded labour is banned in India".
1 qs. -Are you so sure your company is doing things right? Maybe there's a reason people are leaving. While I agree these people are very unprofessional, and even stupid, in the long-term.
The employee will not get the final settlement and the relieving letter which is very imp. now- a days as a joining requisite in any co.
Rgds,
Madhavi.
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Hi Santosh,
I understand that bonded labor is completely restricted, but the reality is that many companies want to bind employees with agreements to ensure their work gets done. From the company's perspective, they must deliver on the promises made to their employees as job satisfaction is crucial. When employees are satisfied, they are likely to be committed without the need for a bond.
If an employee can provide a replacement, giving one month's notice should be sufficient to terminate the bond and leave the company with all necessary documentation. By allowing this flexibility, companies can avoid the unwanted issue of high attrition rates, which is a concern for businesses hiring professionals who typically honor a one-month notice period.
Will this solution address the problem effectively?
Regards,
Santosh Nag
From India, Mumbai
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I understand that bonded labor is completely restricted, but the reality is that many companies want to bind employees with agreements to ensure their work gets done. From the company's perspective, they must deliver on the promises made to their employees as job satisfaction is crucial. When employees are satisfied, they are likely to be committed without the need for a bond.
If an employee can provide a replacement, giving one month's notice should be sufficient to terminate the bond and leave the company with all necessary documentation. By allowing this flexibility, companies can avoid the unwanted issue of high attrition rates, which is a concern for businesses hiring professionals who typically honor a one-month notice period.
Will this solution address the problem effectively?
Regards,
Santosh Nag
From India, Mumbai
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Hmm, another point... 1-month notice is fine, but finding a replacement is something that sounds odd. Finding a replacement is the HR's job.
San - Does your agreement letter with the employee state, "relieving would be given on serving 1 month's notice and a replacement"?
Regards, Madhu.
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San - Does your agreement letter with the employee state, "relieving would be given on serving 1 month's notice and a replacement"?
Regards, Madhu.
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Hi Sateesh,
Looking into the aspects of your email, many clarifications are needed for taking action against the person for not giving the notice as agreed by him. Before proceeding, what is the title of the agreement between your company and him? As our friends have rightly pointed out, bonded labor is abolished, so please use the word "agreement" instead of "bond"; that would be much better. Please provide details of the agreement so that I can draft a letter covering all legal aspects which can be sent to him.
One important point is that without due intimation, the employee left. In such a case, you can deduct the salary and insist on the payment of the agreed amount made during employment. If you find it convenient, I could draft a letter for you.
Goodbye,
S. Sateesh
Email: sateesh_sala@yahoo.com
From India, Hyderabad
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2Looking into the aspects of your email, many clarifications are needed for taking action against the person for not giving the notice as agreed by him. Before proceeding, what is the title of the agreement between your company and him? As our friends have rightly pointed out, bonded labor is abolished, so please use the word "agreement" instead of "bond"; that would be much better. Please provide details of the agreement so that I can draft a letter covering all legal aspects which can be sent to him.
One important point is that without due intimation, the employee left. In such a case, you can deduct the salary and insist on the payment of the agreed amount made during employment. If you find it convenient, I could draft a letter for you.
Goodbye,
S. Sateesh
Email: sateesh_sala@yahoo.com
From India, Hyderabad
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Dear,
It is high time for me to share my views in this connection. I am of the opinion that most of the software companies are not following good HR policies as they are thinking that they are following US and other foreign country's culture. But when they are facing litigation either from the employee or on the employee by the company, they begin to blink. In many software companies, I found that there is a formal application, appointment orders, personal files, data of employees, verification of certificates, leave letter, resignation letter, relieving letter, etc., in document shape but some are available only through email. Then the HR manager's headache, when the management asks him/her to process legal steps against an erring employee.
Dear HR managers/executives of Software concerns, please do introduce or build up strong HR policies for your organizations and insist your management about the importance according to INDIAN LAW.
Now the reply to the query, Let our friend send a letter to the employee who left the services without notice, to send his reply for not attending the work from ___(date), by registered post. If the employee sends his resignation letter, immediately accept and relieve him from services.
From India, Madras
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It is high time for me to share my views in this connection. I am of the opinion that most of the software companies are not following good HR policies as they are thinking that they are following US and other foreign country's culture. But when they are facing litigation either from the employee or on the employee by the company, they begin to blink. In many software companies, I found that there is a formal application, appointment orders, personal files, data of employees, verification of certificates, leave letter, resignation letter, relieving letter, etc., in document shape but some are available only through email. Then the HR manager's headache, when the management asks him/her to process legal steps against an erring employee.
Dear HR managers/executives of Software concerns, please do introduce or build up strong HR policies for your organizations and insist your management about the importance according to INDIAN LAW.
Now the reply to the query, Let our friend send a letter to the employee who left the services without notice, to send his reply for not attending the work from ___(date), by registered post. If the employee sends his resignation letter, immediately accept and relieve him from services.
From India, Madras
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Thank you Madhavi, Santosh, Sateesh, and Ramachandran for your valuable views.
Let me apologize for the word "bond" and correct it to "Employee agreement." As I am very new to the industry, I request you all to kindly bear with me.
Regarding job satisfaction, as you all know, it is a common factor in this industry that employees will leave if they are presented with a better opportunity.
Let me inform you of the current status. I have sent a formal registered mail to the employee, addressing his uninformed absenteeism, and asked him to report to the company within 15 days of receiving the letter. Since he has taken the access card and identity card, we cannot overlook this matter without taking any action.
I am looking forward to your valuable comments and views. Thank you all.
San
From India, Thiruvananthapuram
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Let me apologize for the word "bond" and correct it to "Employee agreement." As I am very new to the industry, I request you all to kindly bear with me.
Regarding job satisfaction, as you all know, it is a common factor in this industry that employees will leave if they are presented with a better opportunity.
Let me inform you of the current status. I have sent a formal registered mail to the employee, addressing his uninformed absenteeism, and asked him to report to the company within 15 days of receiving the letter. Since he has taken the access card and identity card, we cannot overlook this matter without taking any action.
I am looking forward to your valuable comments and views. Thank you all.
San
From India, Thiruvananthapuram
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Dear San,
You are right. When reporting the employee, inquire whether he is willing to come to work. If he says yes, consult the Head of Department (HOD) to determine if he is permitted to work; if so, let him continue. Otherwise, advise him to surrender the company's properties, obtain a resignation letter, and based on the above, relieve him.
Thanks
From India, Madras
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You are right. When reporting the employee, inquire whether he is willing to come to work. If he says yes, consult the Head of Department (HOD) to determine if he is permitted to work; if so, let him continue. Otherwise, advise him to surrender the company's properties, obtain a resignation letter, and based on the above, relieve him.
Thanks
From India, Madras
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Dear,
At best, you will be able to recover notice pay. If he was working on some sensitive project and abandoned it midway, then you can claim damages. Anyway, send a legal notice through your lawyer; it will work.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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At best, you will be able to recover notice pay. If he was working on some sensitive project and abandoned it midway, then you can claim damages. Anyway, send a legal notice through your lawyer; it will work.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
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Hi,
Now that he has not returned the company's access card, which is a serious issue, send him a mail through registered post to confirm his resignation (as you have mentioned earlier about his intention to resign that was casually communicated to you) and ask him to return the access card and whatever company property he has to return.
By sending this communication, we are legally binding the employee to respond; failing which, he would be liable to legal action. Despite that, if he is not responding and your senior management wants you to proceed with legal action, you can seek advice from a legal advisor or advocate who deals with such cases and proceed accordingly.
Hope this helps.
Madhu
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Now that he has not returned the company's access card, which is a serious issue, send him a mail through registered post to confirm his resignation (as you have mentioned earlier about his intention to resign that was casually communicated to you) and ask him to return the access card and whatever company property he has to return.
By sending this communication, we are legally binding the employee to respond; failing which, he would be liable to legal action. Despite that, if he is not responding and your senior management wants you to proceed with legal action, you can seek advice from a legal advisor or advocate who deals with such cases and proceed accordingly.
Hope this helps.
Madhu
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How to Handle an Employee Resignation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf