My company deals in Architectural Products. One of my employee with 15 years of exp in sales absconded after getting salary. He has some of office belongings and he has joined our competitor. It’s clearly mentioned in appointment letter that no one can join our competitors for 6 months and need to pay 1 month salary incase not serving notice period . After several calls and mail he is telling he can courier all ofc belongings. Please suggest what actions should I take to establish a practice for the company.
From India, New Delhi
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From India, New Delhi
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Dear member,
If your company has allotted its assets to the employee, then while allotting these assets, have you taken the "loan card" from the employee? What evidence do you have to show that the employee is in possession of the company property?
If the employee has abandoned his duties and joined your competitors, then you cannot object to him joining the competitor, even with the inclusion of a clause to this effect in the appointment letter. For further details, click the following link: https://www.citehr.com/571397-delhi-high-court-rules-against-non-compete.html
Solution: At this stage, you may send a letter to the employee to his address by Registered/AD. Tell him to report for duties immediately, and in case he wishes to resign from his duties, he may do so but by fulfilling the conditions of employment. Secondly, he must return the company assets immediately. If the employee does not comply, then send a letter to his employer instructing them to direct the employee to your company.
Final comments: A salesperson works for 15 long years, but if he abandons duties suddenly, it shows a lack of his mental or emotional engagement with the company. He might have pretended to be loyal, but his abandonment of duties has revealed the falsehood of his loyalty. The lesson for HR professionals from this episode is that they need to focus on genuine engagement and not just pretensions about it.
Thanks,
Dinesh Divekar
From India, Bangalore
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8227If your company has allotted its assets to the employee, then while allotting these assets, have you taken the "loan card" from the employee? What evidence do you have to show that the employee is in possession of the company property?
If the employee has abandoned his duties and joined your competitors, then you cannot object to him joining the competitor, even with the inclusion of a clause to this effect in the appointment letter. For further details, click the following link: https://www.citehr.com/571397-delhi-high-court-rules-against-non-compete.html
Solution: At this stage, you may send a letter to the employee to his address by Registered/AD. Tell him to report for duties immediately, and in case he wishes to resign from his duties, he may do so but by fulfilling the conditions of employment. Secondly, he must return the company assets immediately. If the employee does not comply, then send a letter to his employer instructing them to direct the employee to your company.
Final comments: A salesperson works for 15 long years, but if he abandons duties suddenly, it shows a lack of his mental or emotional engagement with the company. He might have pretended to be loyal, but his abandonment of duties has revealed the falsehood of his loyalty. The lesson for HR professionals from this episode is that they need to focus on genuine engagement and not just pretensions about it.
Thanks,
Dinesh Divekar
From India, Bangalore
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Hello,
You cannot object to his joining a competitor as he has already absconded from the job. A person who has served 15 years in an organization is a real asset, but in this case, there may be some trust issues. You need to work on the engagement of employees. Regarding assets, I believe you must have obtained a letter or confirmation from the employee when issuing assets to them. You can send him a letter and an official email, issue a warning letter to complete the exit formalities. If he does not come to do the formalities, then you can use the appointment letter clause against him. I am amazed at how HR in other companies considers absconded cases just to fill vacancies. You also need to work on HR policies for absconded cases and obtain confirmation from employees.
From India, Delhi
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You cannot object to his joining a competitor as he has already absconded from the job. A person who has served 15 years in an organization is a real asset, but in this case, there may be some trust issues. You need to work on the engagement of employees. Regarding assets, I believe you must have obtained a letter or confirmation from the employee when issuing assets to them. You can send him a letter and an official email, issue a warning letter to complete the exit formalities. If he does not come to do the formalities, then you can use the appointment letter clause against him. I am amazed at how HR in other companies considers absconded cases just to fill vacancies. You also need to work on HR policies for absconded cases and obtain confirmation from employees.
From India, Delhi
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This is a story of 'Head Hunt' known as in 'HRM'. If someone who works for a particular company is headhunted, they leave that company because another company has approached them and offered them another job with better pay and higher status. What's the option left to the erstwhile employer? Go to court via lodging an FIR in the police station as an absconder, loss of assets, etc. Even the initiation of a 'domestic inquiry' might not help as he is not going to respond to any of your notices. But a liability lies with the employer to find a way out in respect of F&F settlement, especially the Gratuity as the delay/non-payment (might consider forfeiting) would involve accrued interest and in respect of EPF also transfer and/or settlement. Similarly, bonus, leave encashment, unpaid salary, etc.
From India, Bangalore
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From India, Bangalore
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