Dear All,
Greetings of the day.
One of my employees was placed as an Executive in Marketing and resigned from the job on the 9th of March 2013 due to personal problems and other issues. We have not paid his salary because he did not answer our calls and did not perform well. The salary is usually paid on the 7th of every month.
Additionally, we provided him with a laptop, data card, and other items which he has not returned because he claims he has not received his salary. He insists on receiving his salary before returning the items.
Currently, my boss is requesting to file an FIR. Could you please inform me about the process for this? Do we need to send three registered posts to him for submitting the same?
Thank you.
From India, Hyderabad
Acknowledge(0)
Amend(0)
170Greetings of the day.
One of my employees was placed as an Executive in Marketing and resigned from the job on the 9th of March 2013 due to personal problems and other issues. We have not paid his salary because he did not answer our calls and did not perform well. The salary is usually paid on the 7th of every month.
Additionally, we provided him with a laptop, data card, and other items which he has not returned because he claims he has not received his salary. He insists on receiving his salary before returning the items.
Currently, my boss is requesting to file an FIR. Could you please inform me about the process for this? Do we need to send three registered posts to him for submitting the same?
Thank you.
From India, Hyderabad
Acknowledge(0)Amend(0)
Dear Mr. Ashok,
You can take a "Disciplinary Action" against this employee. He is acting in a faux pas manner, and he is not aware of the dire consequences. There are a few questions which I'd like to know from your end:
- Has this employee been given an appointment letter?
- What is the Notice Period clause in it?
- Do you have copies of letters approved by the Management/HR, duly signed by both parties, stating that he has been allocated a laptop, data card, etc.? If not, even an email could suffice.
- What is his length of service?
- You mentioned that he resigned on 9th March; did he serve his notice period?
- Who approved his resignation?
- Have any emails been sent? Or has there been any attempt to send a show cause notice despite reminders to him?
Above and beyond my understanding, he has resigned but has he served the notice period? He disappeared with office property - how many times has your employer attempted to contact this person?
There are many missing links in your post; please provide clarity to help us understand the situation better and assist our site members. Thank you!
From India, Visakhapatnam
Acknowledge(0)Amend(0)
You can take a "Disciplinary Action" against this employee. He is acting in a faux pas manner, and he is not aware of the dire consequences. There are a few questions which I'd like to know from your end:
- Has this employee been given an appointment letter?
- What is the Notice Period clause in it?
- Do you have copies of letters approved by the Management/HR, duly signed by both parties, stating that he has been allocated a laptop, data card, etc.? If not, even an email could suffice.
- What is his length of service?
- You mentioned that he resigned on 9th March; did he serve his notice period?
- Who approved his resignation?
- Have any emails been sent? Or has there been any attempt to send a show cause notice despite reminders to him?
Above and beyond my understanding, he has resigned but has he served the notice period? He disappeared with office property - how many times has your employer attempted to contact this person?
There are many missing links in your post; please provide clarity to help us understand the situation better and assist our site members. Thank you!
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Hi Madam,
Thank you for your response. I would like to provide clarification on your question below.
We issued the appointment letter with a 30-day notice period. I possess a duplicate copy of the appointment letter, and we lack evidence of providing the laptop, etc. However, he mentioned in an email that he would submit all items upon receiving his salary, as stated in his resignation email.
He did not complete the notice period, and we have not received any formal acknowledgment of his resignation. Despite this, we instructed him to return the items. We have sent numerous emails reminding him to do so.
Please advise on how to proceed.
Thank you.
From India, Hyderabad
Acknowledge(0)Amend(0)
Thank you for your response. I would like to provide clarification on your question below.
We issued the appointment letter with a 30-day notice period. I possess a duplicate copy of the appointment letter, and we lack evidence of providing the laptop, etc. However, he mentioned in an email that he would submit all items upon receiving his salary, as stated in his resignation email.
He did not complete the notice period, and we have not received any formal acknowledgment of his resignation. Despite this, we instructed him to return the items. We have sent numerous emails reminding him to do so.
Please advise on how to proceed.
Thank you.
From India, Hyderabad
Acknowledge(0)Amend(0)
It is not out of sight that you've done the best of things in following up with the candidate. This means one of the lacking points is - you have not prepared the readiness of any company property handed to him (so, this was quite obvious). Let's say his salary is $10,000-$12,000, but the laptop costs $30,000, making it easier for anyone not to return it even if you don't pay the salary.
Now, send him a Show Cause Notice (for not submitting the company's possessions) through RPAD that should clearly state the taking of "Disciplinary Action" for being irresponsible in not attending employer's calls and holding the belongings. Give him a deadline by which he should respond at the earliest. Lastly, clarify that he will have to face appalling consequences, such as legal notices, FIR, conciliation, for pilfering the Laptop, Datacard, and other materials that belong solely to the company and not serving the desired notice.
Consult the above procedure with your management. They would be best to decide after you present your thoughts to them on the matter.
Later, ensure the following is taken care of:
- Laptops or any materials are assigned to people based on levels to avoid such situations that waste the employer's time and damage the company's reputation.
- When furnishing any items of value to employees, ensure proper documentation.
- As HR, establish a firm rule regarding notice periods. If any employee decides to leave the company (depending on their level/position), initiate the handover procedures as early as possible to prevent such circumstances that may cause disarray for the employer.
Look forward to your response on the steps taken after discussing the matter with your management. Regards.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Now, send him a Show Cause Notice (for not submitting the company's possessions) through RPAD that should clearly state the taking of "Disciplinary Action" for being irresponsible in not attending employer's calls and holding the belongings. Give him a deadline by which he should respond at the earliest. Lastly, clarify that he will have to face appalling consequences, such as legal notices, FIR, conciliation, for pilfering the Laptop, Datacard, and other materials that belong solely to the company and not serving the desired notice.
Consult the above procedure with your management. They would be best to decide after you present your thoughts to them on the matter.
Later, ensure the following is taken care of:
- Laptops or any materials are assigned to people based on levels to avoid such situations that waste the employer's time and damage the company's reputation.
- When furnishing any items of value to employees, ensure proper documentation.
- As HR, establish a firm rule regarding notice periods. If any employee decides to leave the company (depending on their level/position), initiate the handover procedures as early as possible to prevent such circumstances that may cause disarray for the employer.
Look forward to your response on the steps taken after discussing the matter with your management. Regards.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Dear Ashok,
In addition to what Ms. Sharmila mentioned, I would like to add the following:
Please establish a clear policy regarding the issuance of laptops, data cards, mobile phones, and other gadgets. The policy should clearly outline who (designation & Cadre) is eligible to receive these gadgets, the procedure for issuance, the expected lifetime of the gadgets, the process for returning them, the protocol for replacing gadgets upon expiration, the procedure for returning gadgets upon retirement, resignation, termination, etc., the protocol for handling damaged gadgets, and the recovery process. Additionally, outline the procedure for the disposal of returned gadgets, among other related matters.
Once your policies are well-defined, you won't need to worry excessively about such issues.
From India, Kumbakonam
Acknowledge(0)Amend(0)
In addition to what Ms. Sharmila mentioned, I would like to add the following:
Please establish a clear policy regarding the issuance of laptops, data cards, mobile phones, and other gadgets. The policy should clearly outline who (designation & Cadre) is eligible to receive these gadgets, the procedure for issuance, the expected lifetime of the gadgets, the process for returning them, the protocol for replacing gadgets upon expiration, the procedure for returning gadgets upon retirement, resignation, termination, etc., the protocol for handling damaged gadgets, and the recovery process. Additionally, outline the procedure for the disposal of returned gadgets, among other related matters.
Once your policies are well-defined, you won't need to worry excessively about such issues.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear All, I feel very happy of anybody send the format that we issued organization property like laptop, sim card, mobile, uniforms, shoes, visiting cards. Awaiting for the same.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
please give him/any one a graceful exit. Pay his dues and take back the assets. Tell your boss not to get hyper to file fir against any employee.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Hello...
You seem to be confused. Let me clarify the following:
You mentioned that he resigned due to a personal problem, yet you also stated that his performance is not good. Additionally, he was not provided with a laptop, only a data card. It is unclear what type of data card it is—whether it is job-related or an attendance card.
Your boss instructed you to file an FIR, but did not specify the grounds for doing so. Please ask him for clarification on the basis for filing the FIR against him.
While it is important to respect authority, it does not mean blindly following orders. It is essential to communicate with your boss to avoid misunderstandings that could lead to trouble in the future.
If you decide to go to the police to file the FIR, they will require specific grounds for issuing it. Typically, FIRs are filed by the Police Department for offenses such as theft, murder, rape, dowry, cheating, or other criminal reasons. However, in this situation, it is unclear how you can justify filing an FIR against this individual.
May God bless you and your boss.
From India, Bangalore
Acknowledge(0)Amend(0)
You seem to be confused. Let me clarify the following:
You mentioned that he resigned due to a personal problem, yet you also stated that his performance is not good. Additionally, he was not provided with a laptop, only a data card. It is unclear what type of data card it is—whether it is job-related or an attendance card.
Your boss instructed you to file an FIR, but did not specify the grounds for doing so. Please ask him for clarification on the basis for filing the FIR against him.
While it is important to respect authority, it does not mean blindly following orders. It is essential to communicate with your boss to avoid misunderstandings that could lead to trouble in the future.
If you decide to go to the police to file the FIR, they will require specific grounds for issuing it. Typically, FIRs are filed by the Police Department for offenses such as theft, murder, rape, dowry, cheating, or other criminal reasons. However, in this situation, it is unclear how you can justify filing an FIR against this individual.
May God bless you and your boss.
From India, Bangalore
Acknowledge(0)Amend(0)
indian employment laws are tiffany twisted. To hire one paper (document) is sufficient but to fire even volumes of box files may not be sufficient.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Mr. Ashok,
First and foremost, as HR in charge, you should have systems and procedures in place for all your activities. This includes issuing ID cards, company property, benefits administration, etc. All these activities need to be documented, and records kept at every stage. Had you been maintaining these things, the above issues would not have arisen.
These are called Standard Operating Procedures. Most of us will not be able to provide you with any formats or templates without knowing the operation/functioning of your organization. It would be proper for you to hire the services of an experienced HR person on a contract basis or as a consultant and establish all these systems and procedures.
Once these things are understood by each and every employee of your organization, you will not be knocking at the doors of CiteHR. But doing the first act is the challenge, so get on with it now.
It is not that we are unwilling to help you out with our past experience, but for how long and for how many things will you keep on asking us for guidance?
Focus on the grey areas, develop systems, procedures, and institutionalize the same to be clearly understood by all across the organization for your benefit and for the benefit of the organization.
Best wishes
From India, Bengaluru
Acknowledge(0)Amend(0)
First and foremost, as HR in charge, you should have systems and procedures in place for all your activities. This includes issuing ID cards, company property, benefits administration, etc. All these activities need to be documented, and records kept at every stage. Had you been maintaining these things, the above issues would not have arisen.
These are called Standard Operating Procedures. Most of us will not be able to provide you with any formats or templates without knowing the operation/functioning of your organization. It would be proper for you to hire the services of an experienced HR person on a contract basis or as a consultant and establish all these systems and procedures.
Once these things are understood by each and every employee of your organization, you will not be knocking at the doors of CiteHR. But doing the first act is the challenge, so get on with it now.
It is not that we are unwilling to help you out with our past experience, but for how long and for how many things will you keep on asking us for guidance?
Focus on the grey areas, develop systems, procedures, and institutionalize the same to be clearly understood by all across the organization for your benefit and for the benefit of the organization.
Best wishes
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear Friend,
It appears your boss is just making an issue out of nothing. You don't have a valid issue to file an FIR, and even if you go to the police station, the police will ask you to pay the salary and get back your things. I feel your boss is either not business-oriented or is a new person. Think of everything on compassionate grounds. You are well aware that the person has resigned due to some personal problem, and one thing is sure – the problem must be really serious. Maybe due to his problems, he could not attend your phone calls.
No doubt he has done wrong by not submitting the official items, but dear, why had you not paid the salary on the due date? It means your company is not a regular paymaster. It appears your company does not follow any procedures to safeguard its interests, forget about the interests of employees.
In this case, tell your boss that filing a case against this person may cost more than the dues of that employee, and then you will have to hire an advocate who will charge you handsomely. Finally, what will happen is the court will ask you to pay the salary of that employee. The court may take some serious views on your systems and can even impose a fine on the company for not paying salaries to workers on time.
So, if you wish to open a Pandora's box, just think of the consequences and take action. The best way out is instead of undergoing all this and putting the employee who is already in distress, just call him to the office to collect the dues and return the material and have a good night's sleep. For the future, just learn to do things professionally.
From India, Delhi
Acknowledge(0)Amend(0)
It appears your boss is just making an issue out of nothing. You don't have a valid issue to file an FIR, and even if you go to the police station, the police will ask you to pay the salary and get back your things. I feel your boss is either not business-oriented or is a new person. Think of everything on compassionate grounds. You are well aware that the person has resigned due to some personal problem, and one thing is sure – the problem must be really serious. Maybe due to his problems, he could not attend your phone calls.
No doubt he has done wrong by not submitting the official items, but dear, why had you not paid the salary on the due date? It means your company is not a regular paymaster. It appears your company does not follow any procedures to safeguard its interests, forget about the interests of employees.
In this case, tell your boss that filing a case against this person may cost more than the dues of that employee, and then you will have to hire an advocate who will charge you handsomely. Finally, what will happen is the court will ask you to pay the salary of that employee. The court may take some serious views on your systems and can even impose a fine on the company for not paying salaries to workers on time.
So, if you wish to open a Pandora's box, just think of the consequences and take action. The best way out is instead of undergoing all this and putting the employee who is already in distress, just call him to the office to collect the dues and return the material and have a good night's sleep. For the future, just learn to do things professionally.
From India, Delhi
Acknowledge(0)Amend(0)
Dear Ashok,
There are a few things in your first post initiating this discussion that contain inappropriate words, giving a wrong meaning to a reader.
1. You should have adopted some systems by which your office will have some documentation for whatever office materials one is taking out. I'm aware that even small items such as a pen drive or a floppy disk onwards are documented through a "Pass out," duly authorized by a designated officer and/or entered in a register. Security passes, and the receiver acknowledges having taken them out of the office. If so, these records should be handy to establish that a laptop, data card, etc., were issued to him. If nothing is available, it would be difficult to prove that these company properties were actually issued to him for company purposes and return to the company when done or on exit, whichever is earlier. He might as well argue as if they are issued permanently for his use and not meant to be returned. Where are the terms and conditions governing such transactions?
2. It's almost nearing one month since he resigned, and the one month's notice period is coming to a close. By 9th April, you have to decide about his resignation/relief. If you are not relieving him of his resignation, it would be construed that he is still on the roll and 'dies non' would arise. It also would be deemed that his resignation is accepted since you have not sent non-acceptance or acceptance of his resignation so far. No inquiry is initiated. You'll have no right to detain where no inquiry is ordered.
3. As some pointed out, unless you have a very strong case of theft of company property, it is very difficult to enforce an FIR, as the fact is that 'laptop, data card, mobile,' etc., were actually provided by your company to perform certain duties correctly. Not returning them is a different issue which can be easily linked to non-payment of salary and non-acceptance of the resignation letter, yet to be relieved. He may as well argue he continues to be your employee as his resignation has not yet been accepted.
4. Similarly, the delay in payment of salary itself could be adduced as a reason for resignation.
So filing an FIR could be a last resort, and a domestic inquiry cannot go side by side parallelly on the same charges.
If no other serious charges are with you against him, better settle it amicably on a 'give and take' basis.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)
There are a few things in your first post initiating this discussion that contain inappropriate words, giving a wrong meaning to a reader.
1. You should have adopted some systems by which your office will have some documentation for whatever office materials one is taking out. I'm aware that even small items such as a pen drive or a floppy disk onwards are documented through a "Pass out," duly authorized by a designated officer and/or entered in a register. Security passes, and the receiver acknowledges having taken them out of the office. If so, these records should be handy to establish that a laptop, data card, etc., were issued to him. If nothing is available, it would be difficult to prove that these company properties were actually issued to him for company purposes and return to the company when done or on exit, whichever is earlier. He might as well argue as if they are issued permanently for his use and not meant to be returned. Where are the terms and conditions governing such transactions?
2. It's almost nearing one month since he resigned, and the one month's notice period is coming to a close. By 9th April, you have to decide about his resignation/relief. If you are not relieving him of his resignation, it would be construed that he is still on the roll and 'dies non' would arise. It also would be deemed that his resignation is accepted since you have not sent non-acceptance or acceptance of his resignation so far. No inquiry is initiated. You'll have no right to detain where no inquiry is ordered.
3. As some pointed out, unless you have a very strong case of theft of company property, it is very difficult to enforce an FIR, as the fact is that 'laptop, data card, mobile,' etc., were actually provided by your company to perform certain duties correctly. Not returning them is a different issue which can be easily linked to non-payment of salary and non-acceptance of the resignation letter, yet to be relieved. He may as well argue he continues to be your employee as his resignation has not yet been accepted.
4. Similarly, the delay in payment of salary itself could be adduced as a reason for resignation.
So filing an FIR could be a last resort, and a domestic inquiry cannot go side by side parallelly on the same charges.
If no other serious charges are with you against him, better settle it amicably on a 'give and take' basis.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)
Hi to All, Anybody send the format for issuing the laptop , data card etc... so that we can avoid the this type problems in future. please send the attache mat ASAP.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
It is very simple, Mr. Ashok.
RECEIPT
This is to acknowledge receipt of a laptop from the Administration with the following details:
- Brand name
- Model
- Make
- Configuration
I hereby undertake to use the laptop only for official purposes and also maintain the same in good working condition. I also undertake to return the laptop, in good working condition, as and when I leave the services of the organization.
Signature
Name
Department
Date
From India, Bengaluru
Acknowledge(0)Amend(0)
RECEIPT
This is to acknowledge receipt of a laptop from the Administration with the following details:
- Brand name
- Model
- Make
- Configuration
I hereby undertake to use the laptop only for official purposes and also maintain the same in good working condition. I also undertake to return the laptop, in good working condition, as and when I leave the services of the organization.
Signature
Name
Department
Date
From India, Bengaluru
Acknowledge(0)Amend(0)
Dear All,
Most of the members have expressed all relevant and important information regarding this issue. From my part, I am attaching a Handing Over Taking Over Form for your future reference. Let me know if you require any advice on policy development.
Regards,
Tofael
From Bangladesh, Dhaka
Acknowledge(0)Amend(0)
Most of the members have expressed all relevant and important information regarding this issue. From my part, I am attaching a Handing Over Taking Over Form for your future reference. Let me know if you require any advice on policy development.
Regards,
Tofael
From Bangladesh, Dhaka
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Employee Termination during covid 19.pdf
Employee Appraisal Form new.doc