An employee went on leave without informing to HR and reporting manager. As disciplinary process has released him. Employee did not complete the exit formalities and not ready to return company assets. He is asking for a full month's salary and treatment expenses, a retrenchment bonus for his depression. What should be done in such case?
From India, Mumbai
From India, Mumbai
Dear Jyotsna Giri,
An employee in your company abandoned his duties. Upon his abandonment, your company "released" from his duties. However, before releasing him, did you conduct the domestic enquiry? If not enquiry, then did you issue him a show-cause notice? What was his reply?
Probably, your company has given short shrift to provisions of the Industrial Standing Order Act. His peremptoriness is because of this shortcut.
Mental depression can happen because of many reasons. How can he attribute it only to his work activities? Any kind of leniency will send a wrong signal to all other employees and it could become just a trend to abandon the duties and then raise the quaint claims.
You can write to him that all the claims have no legal validity, and he must return the company's assets. If he refuses to do so, a police complaint will be filed against him. He should be prepared to face the consequences.
Thanks,
Dinesh Divekar
From India, Bangalore
7879An employee in your company abandoned his duties. Upon his abandonment, your company "released" from his duties. However, before releasing him, did you conduct the domestic enquiry? If not enquiry, then did you issue him a show-cause notice? What was his reply?
Probably, your company has given short shrift to provisions of the Industrial Standing Order Act. His peremptoriness is because of this shortcut.
Mental depression can happen because of many reasons. How can he attribute it only to his work activities? Any kind of leniency will send a wrong signal to all other employees and it could become just a trend to abandon the duties and then raise the quaint claims.
You can write to him that all the claims have no legal validity, and he must return the company's assets. If he refuses to do so, a police complaint will be filed against him. He should be prepared to face the consequences.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear colleague,
Before venturing to reply to your query , please clarify on the following:
1. What is the category f the employee concerned - workman, supervisor or manager?
2. Were you knowing about his suffering from depression and he was under the treatment of a qualified psychiatrist prior to his absence from duty?
3 . Was his absence because of the depression?. What is the basis of linking it to depression?
4. Before releasing him from services, was proper disciplinary procedure- followed- show cause notice/ chargesheet, domestic enquiry etc.
5 .Were the charges proved in the enquiry?
It appears on the face of the query that you have taken actions disregarding established principles of natural justice.
To answer your query without knowing the facts fully will amount to displaying one's ignorance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Before venturing to reply to your query , please clarify on the following:
1. What is the category f the employee concerned - workman, supervisor or manager?
2. Were you knowing about his suffering from depression and he was under the treatment of a qualified psychiatrist prior to his absence from duty?
3 . Was his absence because of the depression?. What is the basis of linking it to depression?
4. Before releasing him from services, was proper disciplinary procedure- followed- show cause notice/ chargesheet, domestic enquiry etc.
5 .Were the charges proved in the enquiry?
It appears on the face of the query that you have taken actions disregarding established principles of natural justice.
To answer your query without knowing the facts fully will amount to displaying one's ignorance.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The queries from the seniors are perfectly correct. The question itself is very ambiguous. You are stating that the employee went on leave without intimation, do you consider it as leave when no intimation. Further saying , as a disciplinary process released him, What is the process followed, what kind of process, does it adhere to the company rules, service conditions etc., need to be seen.
Requesting other querists also, while writing for clarifications in this forum and expecting a valid response from seniors, you need to give full details. Then only the answers will clear and meet the purpose of this forum. Also this will be useful for other HR enthusiasts.
From India, Hyderabad
Requesting other querists also, while writing for clarifications in this forum and expecting a valid response from seniors, you need to give full details. Then only the answers will clear and meet the purpose of this forum. Also this will be useful for other HR enthusiasts.
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc