Hi everyone,
One of our employees who was in a managerial position left the company by submitting a resignation on the 31st at 6:30 pm and joined another company on the 1st. Some company items such as keys, files, etc., are still in his possession. What actions can be taken against him, and how can we retrieve the company documents from him? According to the agreement, he is required to provide one month's notice period or one month's salary. However, the last salary has not been received.
Regards,
Seema
From India, Madras
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One of our employees who was in a managerial position left the company by submitting a resignation on the 31st at 6:30 pm and joined another company on the 1st. Some company items such as keys, files, etc., are still in his possession. What actions can be taken against him, and how can we retrieve the company documents from him? According to the agreement, he is required to provide one month's notice period or one month's salary. However, the last salary has not been received.
Regards,
Seema
From India, Madras
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Dear Seema,
You should give him a call and ask for the documents he possesses. If he does not cooperate, you can file a case in civil court to retrieve the documents he has taken. If the key is the only issue, then avoid litigation and deduct one month's salary in lieu of notice.
Regards,
JS Malik
From India, Delhi
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174You should give him a call and ask for the documents he possesses. If he does not cooperate, you can file a case in civil court to retrieve the documents he has taken. If the key is the only issue, then avoid litigation and deduct one month's salary in lieu of notice.
Regards,
JS Malik
From India, Delhi
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Dear All, I need your help plz guide me in setting KRA,KPA of Export Executive,Accounts Officer,Chartered Accountant. Plz seniors help me. Regards, Nupur Verma
From India, Ujjain
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From India, Ujjain
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dear create your own query and ask help.who will reply here because you are shooting at worng place.someone is discussing about notice pay query and you are asking KPA. j s malik
From India, Delhi
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From India, Delhi
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Hi You may move to civil court and obtain an injunction against him . Get in touch with a good counsel dealing with service matters. Best Jai
From India
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From India
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Dear Seema,
Action No. 1: You should immediately write to him that he will not be officially relieved until he hands over all the charge.
2. Withhold his payments arising out of settlements.
3. Don't give him an experience/relieving letter.
4. As stated by Mr. Mallik, please take the last resort to move the court.
From India, Mumbai
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Action No. 1: You should immediately write to him that he will not be officially relieved until he hands over all the charge.
2. Withhold his payments arising out of settlements.
3. Don't give him an experience/relieving letter.
4. As stated by Mr. Mallik, please take the last resort to move the court.
From India, Mumbai
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If salary has not yet been deposited, stop the salary and remittance. Also, send a letter to the employee (via registered A.D.) for absconding; this is the first step. After a week, send a second reminder, and if no reply is received after 15 days, issue a termination letter citing the cause and referring to the appointment letter. Additionally, mention the notice period clause in the termination letter.
Subsequently, in the full and final settlement, recover all costs and send the settlement details via registered A.D., requesting a Demand Draft or Cheque for the due amount. If the employee does not repay, then legal action can be pursued.
From India, Pune
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Subsequently, in the full and final settlement, recover all costs and send the settlement details via registered A.D., requesting a Demand Draft or Cheque for the due amount. If the employee does not repay, then legal action can be pursued.
From India, Pune
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Agree with Mr. J. S. Malik. Only immature or low-level employees will normally do this. Normally, a phone call will resolve the issue. In some cases, if you are aware of his new employer, you may also inform him or his HR (but before that, do try one-to-one with the employee).
From India, Delhi
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From India, Delhi
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You could send a letter stating that he is not relieved and mention the items which were under his custody, giving him time to hand over the same. If need be, you could state in the letter that if the material under his custody is not returned, you would initiate action including lodging a police complaint. You have another option of marking a copy to his present employer. All others, including holding his salary and not issuing a relieving letter, you could do so. P. Hari8-)
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Dear Seema,
The first question arises: has the resignation letter been accepted or not?
If not accepted, you would have to write to him that his resignation letter is not accepted, and he shall be declared absconding if he does not resume duties within a specific time frame. Also, you have to mention therein that he is absconding with Company property, and the Company would initiate criminal proceedings against him if he fails to return them. Additionally, you would have to mention therein that he shall not be relieved from the services and no relieving letter would be issued.
Secondly, please check and confirm the terms and conditions of the employee's Appointment Letter. It would resolve most of your queries. If the employee has not served his Notice period, you have the right to invoke the same and claim money from him.
Thirdly, if he does not join or return the documents, write a letter to his new employer, putting forward the true facts.
If the documents and other things in the custody of the said employee are important, then file an FIR.
From India, Pune
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The first question arises: has the resignation letter been accepted or not?
If not accepted, you would have to write to him that his resignation letter is not accepted, and he shall be declared absconding if he does not resume duties within a specific time frame. Also, you have to mention therein that he is absconding with Company property, and the Company would initiate criminal proceedings against him if he fails to return them. Additionally, you would have to mention therein that he shall not be relieved from the services and no relieving letter would be issued.
Secondly, please check and confirm the terms and conditions of the employee's Appointment Letter. It would resolve most of your queries. If the employee has not served his Notice period, you have the right to invoke the same and claim money from him.
Thirdly, if he does not join or return the documents, write a letter to his new employer, putting forward the true facts.
If the documents and other things in the custody of the said employee are important, then file an FIR.
From India, Pune
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Hi Seema,
It is important that you review all documents he signed upon joining your organization. Like you said, you have a signed (it must be notarized) agreement stating that an employee must not resign. If he intends to do so, he can file a resignation letter at least 30 days before. In the labor code, it clearly states that if an employee leaves before the 30-day notice, an employer has the right to sue him for any losses or damages incurred by his actions, especially since he holds a managerial position where he violated the trust of the company (breach of contract).
I hope I helped.
Reign
From Philippines, Davao
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It is important that you review all documents he signed upon joining your organization. Like you said, you have a signed (it must be notarized) agreement stating that an employee must not resign. If he intends to do so, he can file a resignation letter at least 30 days before. In the labor code, it clearly states that if an employee leaves before the 30-day notice, an employer has the right to sue him for any losses or damages incurred by his actions, especially since he holds a managerial position where he violated the trust of the company (breach of contract).
I hope I helped.
Reign
From Philippines, Davao
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Hi Seema,
This is a common issue that certain employees are facing. Sorry to say.
1. Try calling his mobile or landline number.
2. Send an official email with a signed copy of the agreement to his residential address, personal email ID, and your office email ID (if he has one). Check if the office email ID is active and if he is monitoring it.
3. If he is not responding to any of these attempts, send a formal registered letter from your advocate detailing all the correspondence you have made.
4. At this stage, he will likely respond, so there is no need to worry; you should recover your belongings from him.
5. If none of these steps yield results, file a proper FIR complaint and publish his photo in newspapers with the assistance of your advocate.
I followed the same process and successfully retrieved my belongings from my ex-business development executive.
Vijay R.
From India, Madras
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This is a common issue that certain employees are facing. Sorry to say.
1. Try calling his mobile or landline number.
2. Send an official email with a signed copy of the agreement to his residential address, personal email ID, and your office email ID (if he has one). Check if the office email ID is active and if he is monitoring it.
3. If he is not responding to any of these attempts, send a formal registered letter from your advocate detailing all the correspondence you have made.
4. At this stage, he will likely respond, so there is no need to worry; you should recover your belongings from him.
5. If none of these steps yield results, file a proper FIR complaint and publish his photo in newspapers with the assistance of your advocate.
I followed the same process and successfully retrieved my belongings from my ex-business development executive.
Vijay R.
From India, Madras
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Hi Seema,
First of all, find out what your management wants. If you want to get rid of the manager, talk to him on the phone and ask him to return whatever company items, like keys, he has, and then let him go. However, if that is not the case, then as mentioned earlier by others:
1. Send a letter by Regd AD and Certificate of Posting (Indian Postal service only) to his local as well as permanent address, stating that he should report to duty immediately, or else the company will take legal action.
2. Stop his salary so that the one-month notice period is adjusted.
3. I am sure he will not respond to the notice. After 30 days from the date of sending the first letter, and if the company is serious, send a letter through an advocate asking him to report to duty immediately. This may have an effect on him, and he might come and meet you.
4. Take back the keys and all other items issued by the company.
5. However, if he does not show up, file a case in court for the recovery of items and breach of rules and regulations. Most people would prefer to avoid legal proceedings, so there is a good chance he may return and settle the case.
Thanks,
--Lav Nigam--
From India, Hyderabad
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First of all, find out what your management wants. If you want to get rid of the manager, talk to him on the phone and ask him to return whatever company items, like keys, he has, and then let him go. However, if that is not the case, then as mentioned earlier by others:
1. Send a letter by Regd AD and Certificate of Posting (Indian Postal service only) to his local as well as permanent address, stating that he should report to duty immediately, or else the company will take legal action.
2. Stop his salary so that the one-month notice period is adjusted.
3. I am sure he will not respond to the notice. After 30 days from the date of sending the first letter, and if the company is serious, send a letter through an advocate asking him to report to duty immediately. This may have an effect on him, and he might come and meet you.
4. Take back the keys and all other items issued by the company.
5. However, if he does not show up, file a case in court for the recovery of items and breach of rules and regulations. Most people would prefer to avoid legal proceedings, so there is a good chance he may return and settle the case.
Thanks,
--Lav Nigam--
From India, Hyderabad
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one more thing to do is find out where he has joined and write to that company about his style of leaving the job.
From India, Bangalore
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From India, Bangalore
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Ms. Seema,
To add,
Does your company have a high attrition rate, a hire-and-fire policy, victimization of managers, low morale, bad managerial and HR practices, etc.? It is a time for corporate introspection - of course, you could be personally helpless unless this is an isolated case, and you have a professional, progressive, introspective culture where management is open to taking corrective cultural initiatives in today's age of enlightened HRD culture.
Maybe the next employer has assured him of all support while joining the organization, and he has taken a calculated risk. Some companies do not relieve a person timely or settle his accounts promptly, even though a thorough resignation has been submitted, finding excuses to extend his stay to complete assignments, etc., as a matter of right over the employees. Did he have any genuine grievances, or were his relations with the top management or his boss impaired for any known reason? This may have a demoralizing impact on the managers and employees down the line.
Let some very senior company official have an out-of-the-campus transparent discussion with him at a hotel/restaurant, assuaging his feelings. Since he has already joined elsewhere, help can be requested on critical information or pending matters by visiting the office in the evenings or on holidays and keeping the communication lines open and friendly. He could be requested to hand over the files/documents he has to an authorized person nominated by the company, simultaneously handing over the check for his dues after deducting the notice pay due to the company as a matter of policy. Invite him for a farewell party one evening where the misunderstandings leading to the situation could be clarified, assuring other managers of a transparent, enlightened management able to handle the situation coolly, preventing further damage of morale in the organization. Hope all this is possible - could enhance the corporate image and the employer brand value to be repaired and encashed, at least a theoretical possibility if one would like to learn to handle emotions rationally and act wisely enough. Hope this makes at least an interesting read for ourselves.
In one company, a very senior CEO joined a competitor, attending his exhibition even before he had officially left the company, which the MD did not like. His dues were cleared, invited to the office and handed over - over a bouquet of flowers and some ice cream in the MD's office, avoiding a group farewell to prevent any further embarrassments that could crop up. Thus, things could be handled amicably to the extent possible.
Earlier, it was labor/industrial relations handling matters legally through legal documentation and legal games, now it is human/employee relations making the workplace a better democratic place with a proactive people-oriented culture, leaving no room for such incidents as above, a senior person leaving without intimation, which does not speak well for the company culture too with a need to handle the situation with soft options possible, reducing the cultural damage - deploying the much talked about soft skills in practice, unless the facts warrant a legal punitive action beyond doubt.
Hope this helps academically at least.
Regards and best wishes,
Kshantaram
From India, Ahmadabad
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To add,
Does your company have a high attrition rate, a hire-and-fire policy, victimization of managers, low morale, bad managerial and HR practices, etc.? It is a time for corporate introspection - of course, you could be personally helpless unless this is an isolated case, and you have a professional, progressive, introspective culture where management is open to taking corrective cultural initiatives in today's age of enlightened HRD culture.
Maybe the next employer has assured him of all support while joining the organization, and he has taken a calculated risk. Some companies do not relieve a person timely or settle his accounts promptly, even though a thorough resignation has been submitted, finding excuses to extend his stay to complete assignments, etc., as a matter of right over the employees. Did he have any genuine grievances, or were his relations with the top management or his boss impaired for any known reason? This may have a demoralizing impact on the managers and employees down the line.
Let some very senior company official have an out-of-the-campus transparent discussion with him at a hotel/restaurant, assuaging his feelings. Since he has already joined elsewhere, help can be requested on critical information or pending matters by visiting the office in the evenings or on holidays and keeping the communication lines open and friendly. He could be requested to hand over the files/documents he has to an authorized person nominated by the company, simultaneously handing over the check for his dues after deducting the notice pay due to the company as a matter of policy. Invite him for a farewell party one evening where the misunderstandings leading to the situation could be clarified, assuring other managers of a transparent, enlightened management able to handle the situation coolly, preventing further damage of morale in the organization. Hope all this is possible - could enhance the corporate image and the employer brand value to be repaired and encashed, at least a theoretical possibility if one would like to learn to handle emotions rationally and act wisely enough. Hope this makes at least an interesting read for ourselves.
In one company, a very senior CEO joined a competitor, attending his exhibition even before he had officially left the company, which the MD did not like. His dues were cleared, invited to the office and handed over - over a bouquet of flowers and some ice cream in the MD's office, avoiding a group farewell to prevent any further embarrassments that could crop up. Thus, things could be handled amicably to the extent possible.
Earlier, it was labor/industrial relations handling matters legally through legal documentation and legal games, now it is human/employee relations making the workplace a better democratic place with a proactive people-oriented culture, leaving no room for such incidents as above, a senior person leaving without intimation, which does not speak well for the company culture too with a need to handle the situation with soft options possible, reducing the cultural damage - deploying the much talked about soft skills in practice, unless the facts warrant a legal punitive action beyond doubt.
Hope this helps academically at least.
Regards and best wishes,
Kshantaram
From India, Ahmadabad
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Hi Seema,
I understand how frustrating it can be when an employee resigns without adequate notice. My advice is that you write or call him/her, congratulate him/her on their new appointment, and request the company's property in their possession. This is important for the reputation and image of your organization.
Taking hardline positions often backfires and can make you look foolish. Writing a termination letter to someone who has already resigned is an obvious error as they are no longer employed by you.
If after the letter or call he/she refuses to respond, your next action will depend on the importance of the items in their possession. If the item is of little value, it may be best to ignore their actions and move on. However, if the item in question is of high value, seeking legal advice on the way forward would be advisable.
Thank you,
Prof.
From Swaziland
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I understand how frustrating it can be when an employee resigns without adequate notice. My advice is that you write or call him/her, congratulate him/her on their new appointment, and request the company's property in their possession. This is important for the reputation and image of your organization.
Taking hardline positions often backfires and can make you look foolish. Writing a termination letter to someone who has already resigned is an obvious error as they are no longer employed by you.
If after the letter or call he/she refuses to respond, your next action will depend on the importance of the items in their possession. If the item is of little value, it may be best to ignore their actions and move on. However, if the item in question is of high value, seeking legal advice on the way forward would be advisable.
Thank you,
Prof.
From Swaziland
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Dear Seema,
You could do the following:
1. If his current month's salary has not been paid, put that on hold.
2. Send him a letter stating clearly that:
a. He is obliged to give the company one month's notice before he could be relieved.
b. He is also obliged to make a complete handover of everything that he has in his possession that belongs to the company and obtain a Clearance Certificate as a precondition to his release from the company's employment. Mention all those things that are in his possession in the letter. Mention a reasonable time frame within which he is required to do the handover. Also mention that in case he fails to come over and hand over things that are in his possession, the company reserves the right to take legal action against him. This letter must be sent under Registered AD Cover & under UPC. Keep the receipts safely in your files/records.
3. If he fails to respond, then file an FIR against him at the area Police Station.
4. Contact a good Lawyer and initiate appropriate legal action - Civil/Criminal - against him. This decision will be yours.
5. Inform his new employer in writing.
Cheers!!!!
Vasant Nair
From India, Mumbai
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You could do the following:
1. If his current month's salary has not been paid, put that on hold.
2. Send him a letter stating clearly that:
a. He is obliged to give the company one month's notice before he could be relieved.
b. He is also obliged to make a complete handover of everything that he has in his possession that belongs to the company and obtain a Clearance Certificate as a precondition to his release from the company's employment. Mention all those things that are in his possession in the letter. Mention a reasonable time frame within which he is required to do the handover. Also mention that in case he fails to come over and hand over things that are in his possession, the company reserves the right to take legal action against him. This letter must be sent under Registered AD Cover & under UPC. Keep the receipts safely in your files/records.
3. If he fails to respond, then file an FIR against him at the area Police Station.
4. Contact a good Lawyer and initiate appropriate legal action - Civil/Criminal - against him. This decision will be yours.
5. Inform his new employer in writing.
Cheers!!!!
Vasant Nair
From India, Mumbai
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I do agree with Mr. Malik JS that legal action shall be taken as a last alternative. However, senior-level managers leaving any organization like this shall be viewed very seriously. The acceptance or otherwise of the resignation needs to be ascertained from your CEO first. You have to further ascertain whether any sensitive documents were in his possession that need to be retrieved urgently in the overall interest of your organization. If so, you have to send an urgent notice to him for the same. If it is a matter of only notice time, you better forfeit his one-month salary and close the chapter forever.
Regards,
G. Harikumar
From India, Mumbai
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Regards,
G. Harikumar
From India, Mumbai
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Withdrawl of Resignation and Notice period.doc
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