Dear Seniors
Recently I have come across a situation where in one of our employee had joined another organisation although he was still with us.
On top of that he had neither resigned nor informed.
After doing so for 1 week...he came up and resigned seeking immediate release.
When same was not accepted by his HOD he disappeared and kept working in the new organisation.
Can you please suggest me under such situation what can be done.
Regds
Anindita
From India, Guwahati
Recently I have come across a situation where in one of our employee had joined another organisation although he was still with us.
On top of that he had neither resigned nor informed.
After doing so for 1 week...he came up and resigned seeking immediate release.
When same was not accepted by his HOD he disappeared and kept working in the new organisation.
Can you please suggest me under such situation what can be done.
Regds
Anindita
From India, Guwahati
Hi Anindita
In this case, you will hold his last months salary, send him an intimation to pay the company the notice period amount, if failed to do so, you can hold his expr letter & PF process. His new organtisation will call your company for refrence check, at that time you can give the feedback.
Regards
Gaurav Vedak
From India, Bangalore
5In this case, you will hold his last months salary, send him an intimation to pay the company the notice period amount, if failed to do so, you can hold his expr letter & PF process. His new organtisation will call your company for refrence check, at that time you can give the feedback.
Regards
Gaurav Vedak
From India, Bangalore
Since you have employees who are interested in joining other organization while they wish to keep the current one. Why not develop a policy to manage such situations. Here in Gulf We have arrangements called recruitment by secondment . Where one organization chooses an employee from another organization to work for them for the purpose of working on project, obtaining experience there are many reasons for it and they continue getting their salary in their current organization and have a little something for their efforts in the other. Most of the time this happens with organization of the same sector. Organization Sector, Oil Industry, IT Industry whatever the industry they exchange employees.
Its quite a refreshing process u get to work with different people, obtain experience learn new skills, transfer knowledge the length can be agreed between the 2 organization mostly from 2 years to 5. Why 2 years, it takes u at least 6 moths to settle down before the real work actually kicks of.
From Oman, Muscat
Its quite a refreshing process u get to work with different people, obtain experience learn new skills, transfer knowledge the length can be agreed between the 2 organization mostly from 2 years to 5. Why 2 years, it takes u at least 6 moths to settle down before the real work actually kicks of.
From Oman, Muscat
Dear Anindita
I think Mr. Gaurav Vedak is having well experience. jst follow what he says. thats right procedure. and a thing, have you gaven any appointment order (mutual understandig agrement) to him? if not you cant do any thing. if yes you can contact the concern companys HR and may talk regarding this. In future plz try to make appointment orders with do's, dont do's and particular statutory law exist in your company.
Thank you Mr.Gaurav Vedak for your nice comments.
Regards
A.R. Pasanth Lal
HR Manager
9003997717
From India, Madras
I think Mr. Gaurav Vedak is having well experience. jst follow what he says. thats right procedure. and a thing, have you gaven any appointment order (mutual understandig agrement) to him? if not you cant do any thing. if yes you can contact the concern companys HR and may talk regarding this. In future plz try to make appointment orders with do's, dont do's and particular statutory law exist in your company.
Thank you Mr.Gaurav Vedak for your nice comments.
Regards
A.R. Pasanth Lal
HR Manager
9003997717
From India, Madras
Dear Anayaat
your are right and its possible. but in india its bitter, In some region, people jumps off due to lazyness and fring benefits. apart from that, they may bring loss to the company by thefting datas for fring benefits too.
Regards
A.R. Pasanth Lal
HR Manager
From India, Madras
your are right and its possible. but in india its bitter, In some region, people jumps off due to lazyness and fring benefits. apart from that, they may bring loss to the company by thefting datas for fring benefits too.
Regards
A.R. Pasanth Lal
HR Manager
From India, Madras
Dear Friend
Few inputs which you can consider :
a) withhold his settlement and clearance.
b) Adjust his settlement dues towards notice salary. If there is any shortfall, sent a letter to him asking to pay the shortfall amount.
c) Write a letter to his current employer informing that he has left the organisation without proper clearance and you are contemplating taking legal action against him
Withholding PF is not possible as PF amount can be claimed even if employer refuse to forward the claim.
Regards
BHAVAN
From India, Bangalore
Few inputs which you can consider :
a) withhold his settlement and clearance.
b) Adjust his settlement dues towards notice salary. If there is any shortfall, sent a letter to him asking to pay the shortfall amount.
c) Write a letter to his current employer informing that he has left the organisation without proper clearance and you are contemplating taking legal action against him
Withholding PF is not possible as PF amount can be claimed even if employer refuse to forward the claim.
Regards
BHAVAN
From India, Bangalore
Dear Anindita :
As aforesaid by our elite members, issuance and getting the appointment letter acknowledged by the employee is a must which will come handy in situations as yours.
The appt ltr will clearly specify the notice period for severance - by both the parties - the employee and the employer.
In the issue you have cited above, nothing can be done if the employee continues to work in other org. Pls appreciate the cut throat competition prevailing in industries where the manpower is also destablished by the competitors. Thus, the Org where you ex-employee is working currently may not, repeat may not, bother to get his relieving letter as long as he is working with them - may be the new Org has taken enough measures to keep this employee with them for a period as decided by the Org - by agreement including bond etc. Hence the earlier relieving letter may not matter much.
Also pls state whether his resignation letter has been acknowledged by you and your acknowledgement is with him. If you have no specific record for having recd the resignation letter, you may treat his not attending office as absent and may initiate disciplinary action for unauthorised absence.
Further, As a corrective step, you can hold back his unpaid salary, Full and Final Settlement, Bonus etc. Also, you may inform his current employer that he has not handed over the charges to you and is currently working that org.
With all the above done, all that you can achieve is holidng back the amt that may be due to him. BUT you cannot get him back and expect him to work as earlier or atleast as normal.
Think it over.
Good luck
:::Dhinakaran
From India, Hyderabad
As aforesaid by our elite members, issuance and getting the appointment letter acknowledged by the employee is a must which will come handy in situations as yours.
The appt ltr will clearly specify the notice period for severance - by both the parties - the employee and the employer.
In the issue you have cited above, nothing can be done if the employee continues to work in other org. Pls appreciate the cut throat competition prevailing in industries where the manpower is also destablished by the competitors. Thus, the Org where you ex-employee is working currently may not, repeat may not, bother to get his relieving letter as long as he is working with them - may be the new Org has taken enough measures to keep this employee with them for a period as decided by the Org - by agreement including bond etc. Hence the earlier relieving letter may not matter much.
Also pls state whether his resignation letter has been acknowledged by you and your acknowledgement is with him. If you have no specific record for having recd the resignation letter, you may treat his not attending office as absent and may initiate disciplinary action for unauthorised absence.
Further, As a corrective step, you can hold back his unpaid salary, Full and Final Settlement, Bonus etc. Also, you may inform his current employer that he has not handed over the charges to you and is currently working that org.
With all the above done, all that you can achieve is holidng back the amt that may be due to him. BUT you cannot get him back and expect him to work as earlier or atleast as normal.
Think it over.
Good luck
:::Dhinakaran
From India, Hyderabad
Hi Gaurav The days gone when company ask for reference check. and more over can being a HR manager you stop pf process, you can't. you can delay the things but can't stop the process of pf. hence in my opionion nobody can stop these things as now a days more options are there hence you can't stop staff to move from one place to another. RegardsRajiv Madan
From India, Bangalore
From India, Bangalore
Dear All
Pl think both side presently i have seen that some of employer kicked there employee without any compensation in Sr. catagory also, in that sitvation employer neglect the all rules and regulatios. this type of act happend in mostly every day.
If any employer unable to take care of employees or have not any system to measure the employee performance , skill, qualification ,knowldge ,resposibility etc or not getting benifits as per there work experience he will left the organisation.
so employer make some policy like pcs,kra,appreasal. competancy and job maping like.
Daya. N .Sharma
From India, Delhi
Pl think both side presently i have seen that some of employer kicked there employee without any compensation in Sr. catagory also, in that sitvation employer neglect the all rules and regulatios. this type of act happend in mostly every day.
If any employer unable to take care of employees or have not any system to measure the employee performance , skill, qualification ,knowldge ,resposibility etc or not getting benifits as per there work experience he will left the organisation.
so employer make some policy like pcs,kra,appreasal. competancy and job maping like.
Daya. N .Sharma
From India, Delhi
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