Ours is a Software development firm. At a critical stage(before 5 monts), we selected about 13 candidates(freshers) together and made them sign a legal bond for 1 year for which the compensation was 1.5 lakhs, as there was a project upcoming........
And in our company policy, it is mentioned that. If an employee wants to get relieved, he should a give a one month prior notice for the company to meet its formalities....
Now one of the employee among them is absent for 3 days with a casual mail that he is resigning from the company.....
I called up to his home and got the information from his father that, he has moved out of the state for a new opening.
My boss has asked me to send a letter to his permanent address pointing all the legal aspects.
Please share your suggestions regarding the issue...... and if anybody is having a format of the above mentioned letter, please share with me.
Thank You
San
From India, Thiruvananthapuram
And in our company policy, it is mentioned that. If an employee wants to get relieved, he should a give a one month prior notice for the company to meet its formalities....
Now one of the employee among them is absent for 3 days with a casual mail that he is resigning from the company.....
I called up to his home and got the information from his father that, he has moved out of the state for a new opening.
My boss has asked me to send a letter to his permanent address pointing all the legal aspects.
Please share your suggestions regarding the issue...... and if anybody is having a format of the above mentioned letter, please share with me.
Thank You
San
From India, Thiruvananthapuram
Hi San, Even after signing an agreement does the company relieve the employee if he is serving the notice for a month. Regards, Santosh Nag
From India, Mumbai
From India, Mumbai
The point is contracts are are just legal trash for both employees and employers.
"One must be aware that bonded labour is banned in India".
1 qs. -Are you so sure your company is doing things right? Maybe there’s a reason people are leaving. While I agree these people are very unprofessional, and even stupid, in the long-term.
The employee will not get the final settlement and the relieving letter which is very imp. now- a days as a joining requisite in any co.
Rgds,
Madhavi.
"One must be aware that bonded labour is banned in India".
1 qs. -Are you so sure your company is doing things right? Maybe there’s a reason people are leaving. While I agree these people are very unprofessional, and even stupid, in the long-term.
The employee will not get the final settlement and the relieving letter which is very imp. now- a days as a joining requisite in any co.
Rgds,
Madhavi.
Ya Madhavi......i do understand that bonded labour is completely restricted but the fact is that most of the companies wanted to make the employees tigh up with the bonds and get their works done.....
N as u said the from the company's perspective they need to give the employees what they have promised to their employees. I mean the job satisfaction of the employee is really important.Then u can expect the employee's to be committed without any bonded commitment.
So, san if the employees can show a replacement then 1 month's of notice is more than enough to break the bond and push off from the company with all the relieving stuff. Then the regular attrition what a company dont want to experince will appear once again and all the companies who are hiring professionals are accepting the notice of a month.
Did the problem got served if it is of this sort.
Regards,
Santosh Nag.
From India, Mumbai
N as u said the from the company's perspective they need to give the employees what they have promised to their employees. I mean the job satisfaction of the employee is really important.Then u can expect the employee's to be committed without any bonded commitment.
So, san if the employees can show a replacement then 1 month's of notice is more than enough to break the bond and push off from the company with all the relieving stuff. Then the regular attrition what a company dont want to experince will appear once again and all the companies who are hiring professionals are accepting the notice of a month.
Did the problem got served if it is of this sort.
Regards,
Santosh Nag.
From India, Mumbai
hmm... another point...1 month notice is fine, but finding a replacement is something that sounds odd. Finding replacement is the HR's Job.
San- Does your agreement letter with the employee say -" relieving would be given on serving 1 month's notice and a replacement?
Rgds,
Madhu.
San- Does your agreement letter with the employee say -" relieving would be given on serving 1 month's notice and a replacement?
Rgds,
Madhu.
Hr san,
Looking into the aspects of ur mail
so many clarifications needed for taking up the action against the person in not giving the notice as agreed by him.
Before that:
what is title of the agreement made between ur company and him. as our friends have rightly pointed out that the bonded labour is abolished so do not use the word 'Bond" instead of that use the word "agreement"
that would be very better.
let me know about the contents of the agreement.
so that i would be able to draft a letter covering all the legal aspect and the same could be made to him.
one point is very good that with out due intimation the employee left in that case if can deduct the salary and insist him for payment of amount as agreed by him while taking employment.
if u feel convenient then i could draft a letter for u.
bye.
s.sateesh
mail:
From India, Hyderabad
2Looking into the aspects of ur mail
so many clarifications needed for taking up the action against the person in not giving the notice as agreed by him.
Before that:
what is title of the agreement made between ur company and him. as our friends have rightly pointed out that the bonded labour is abolished so do not use the word 'Bond" instead of that use the word "agreement"
that would be very better.
let me know about the contents of the agreement.
so that i would be able to draft a letter covering all the legal aspect and the same could be made to him.
one point is very good that with out due intimation the employee left in that case if can deduct the salary and insist him for payment of amount as agreed by him while taking employment.
if u feel convenient then i could draft a letter for u.
bye.
s.sateesh
mail:
From India, Hyderabad
dear,
It is high time for me to share my views in this connection. I am of the openion that most of the software companies are not following good HR policies as they are thinking that they are following US and other foreign country's culture. But when they are facing litigation either from the employee or on the employee by the company, they begin to blink. In many software companies I found that there is formal application,appointment orders, personal files,data of employee,verification of certificates,leave letter,resignation letter,relieving letter etc., in document shape but some are available only through email. Then the HR manager's headache, when the management ask him/her to process legal steps againt an erring employee.
Dear HR manager/executives of Software concerns,please do introduce or build up strong HR policies for your organisations and insist your management about the importance according to INDIAN LAW.
Now the reply to the querry, Let our friend send a letter to the employee who left the services without notice, to send his reply for not attending the work from ___(date), by registered post. If the employee send his resignation letter, immediately accept and relieve him from services.
From India, Madras
It is high time for me to share my views in this connection. I am of the openion that most of the software companies are not following good HR policies as they are thinking that they are following US and other foreign country's culture. But when they are facing litigation either from the employee or on the employee by the company, they begin to blink. In many software companies I found that there is formal application,appointment orders, personal files,data of employee,verification of certificates,leave letter,resignation letter,relieving letter etc., in document shape but some are available only through email. Then the HR manager's headache, when the management ask him/her to process legal steps againt an erring employee.
Dear HR manager/executives of Software concerns,please do introduce or build up strong HR policies for your organisations and insist your management about the importance according to INDIAN LAW.
Now the reply to the querry, Let our friend send a letter to the employee who left the services without notice, to send his reply for not attending the work from ___(date), by registered post. If the employee send his resignation letter, immediately accept and relieve him from services.
From India, Madras
Thank you Madhavi, Santosh, Sateesh & Ramachandran for your valuable views......
Let me apology for the word "bond" and correct it as "Employee agreement". As i am very much new to the industry, i request you all to kindly bear with me....
And regarding the job satisfaction, as you all knows it is really a common factor in this industry that, Employees will jump, if they gets a better opportunity.
And let me inform you all the current status. I have send a formal registered mail to the employee mentioning his uninformed absenteeism and asked him to report the company within 15 days of accepting the letter.
As he has taken away the access card and identity card, we can not leave the case without any action.
Expecting your valuable comments and views
Thank you all
San
From India, Thiruvananthapuram
Let me apology for the word "bond" and correct it as "Employee agreement". As i am very much new to the industry, i request you all to kindly bear with me....
And regarding the job satisfaction, as you all knows it is really a common factor in this industry that, Employees will jump, if they gets a better opportunity.
And let me inform you all the current status. I have send a formal registered mail to the employee mentioning his uninformed absenteeism and asked him to report the company within 15 days of accepting the letter.
As he has taken away the access card and identity card, we can not leave the case without any action.
Expecting your valuable comments and views
Thank you all
San
From India, Thiruvananthapuram
dear san,
you are right. on reporting of the employee, enquire him whether he is willing to come for work. If he says yes,(consult the HOD where he is reporting whethe he is permitted to work)let him continue. or otherwise you advise him to surrender the company's properties and obtain resignation letter and based on the above, relieve him.
thanks
From India, Madras
you are right. on reporting of the employee, enquire him whether he is willing to come for work. If he says yes,(consult the HOD where he is reporting whethe he is permitted to work)let him continue. or otherwise you advise him to surrender the company's properties and obtain resignation letter and based on the above, relieve him.
thanks
From India, Madras
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