One of our senior employe left the job without notice period. according to appointment letter he has to pay three month to the company when he left the job without intimation or notice period.
so plz i want letter format in which mentioned company will not pay the full& final amount..... or employe deposit 3 month salary first
vikram kumar
From India, Chandigarh
so plz i want letter format in which mentioned company will not pay the full& final amount..... or employe deposit 3 month salary first
vikram kumar
From India, Chandigarh
There is no hard rule if employee went to the Labour dept and lodge a compliant then your company may face the problem, u need more clarification and how to close the issue pl contact me, if you are in Hyderabad will visit the office with free of cost only conveyance has to be pay depenidng upon the location will council the emloyee will solve the issue with smooth way
Laxmi
9866917232
From India, Hyderabad
37Laxmi
9866917232
From India, Hyderabad
Dear Laxmi,
If the terms of employment mention that employee has to give three month's notice and employee has accepted those terms of employment then what is wrong in giving notice if the employee does not abide with those terms of employment? All that Kumar is asking is to send a letter to the absenting employee? For sending letter to the employee, what violation of law happens, can you please elucidate?
For Vikram: - If any employee abandons the employment, it is customary to send the notice to the last known address of the employee by registered post A/D. Since this is a senior employee, send a second notice after one month. If no communication is received, then conduct the domestic enquiry. If the delinquent employee fails to appear before the enquiry, management is free to strike his name from the rolls of the company.
I will send you the draft of the letter but as of now let me wait for the reply from Laxmi.
Thanks,
Dinesh V Divekar
From India, Bangalore
If the terms of employment mention that employee has to give three month's notice and employee has accepted those terms of employment then what is wrong in giving notice if the employee does not abide with those terms of employment? All that Kumar is asking is to send a letter to the absenting employee? For sending letter to the employee, what violation of law happens, can you please elucidate?
For Vikram: - If any employee abandons the employment, it is customary to send the notice to the last known address of the employee by registered post A/D. Since this is a senior employee, send a second notice after one month. If no communication is received, then conduct the domestic enquiry. If the delinquent employee fails to appear before the enquiry, management is free to strike his name from the rolls of the company.
I will send you the draft of the letter but as of now let me wait for the reply from Laxmi.
Thanks,
Dinesh V Divekar
From India, Bangalore
hi dinesh ..please respond to my query posted..Seems like your very exp HR.. - my query title- required response from EXPERTS in IT firm as HR
Attribution: https://www.citehr.com/search.php?se...#ixzz1tMYzE0cX
From United States, Cambridge
Attribution: https://www.citehr.com/search.php?se...#ixzz1tMYzE0cX
From United States, Cambridge
If terms and conditions are agreed in the appointment letter then there is no need to wait for any proceedings except to arrange deduction from his/her full and final settlement if any or otherwise employer has right to seek the remedy from proper forum. simply send him/her letter with reference to such and such clause of the appointment letter, you are liable to pay the payment in lieu of notice period for 1/2or 3 month(s) whatever the period may be. The company has right to file a petition against you if you fail to comply with the notice within 15 days of the receipt of this notice. If the company has sufficient retirement benefits of the individual then there is no need to ask for legal proceedings, the company has right to deduct the said amount from his retirement benefits like Provident Fund, Gratuity, Leave encashment, due bonus etc.
Please use soft language when you are writing letter to your employee whether he/she is senior or junior.
Sincerely,
Tanveer Ahmad Malik
From Pakistan, Lahore
Please use soft language when you are writing letter to your employee whether he/she is senior or junior.
Sincerely,
Tanveer Ahmad Malik
From Pakistan, Lahore
Hi Friends,
Even I agree with Mr. Dinesh. The employer, in this case, have full authority to hold the relieving letter of such an employee and term it the case of abscond, if there is no revert from that employee even after sending the notice to him.
Warm Regards,
Tamanna Mehta
From India, Mumbai
Even I agree with Mr. Dinesh. The employer, in this case, have full authority to hold the relieving letter of such an employee and term it the case of abscond, if there is no revert from that employee even after sending the notice to him.
Warm Regards,
Tamanna Mehta
From India, Mumbai
Thnx for all for ur Suggesstion
@DInsesh Sir , Plz send me the Draft..m w8ng....sir
and how can i approved our apointment to labour Department
if m not approved appointment letter to the labour department acording to ur suggestion than i have no right to deduct....3 month salary or any take any suitable action
or i still bale to take action
vikram...........
From India, Chandigarh
@DInsesh Sir , Plz send me the Draft..m w8ng....sir
and how can i approved our apointment to labour Department
if m not approved appointment letter to the labour department acording to ur suggestion than i have no right to deduct....3 month salary or any take any suitable action
or i still bale to take action
vikram...........
From India, Chandigarh
Dear Vikram,
As of now give a very simple notice of absence. Let us not get deep into this. The rough draft could be as below:
+++++
Date: -
To,
Mr _______ (name of the employee)
Employee No _____
_________ (address of the employee)
1. Your attendance records show that you have not reported for your duties from _____ (date). We have not received any communication from you on your absence. Neither you had applied for leave before absenting yourself from the duties.
2. Your absence from duties is unauthorised and it has been viewed seriously. You are hereby directed to report for your duties immediately. If you fail to report even after receipt of this letter, severe disciplinary action will be initiated against you.
_________ (name of the signatory)
_________ (designation of the signatory)
+++++
Send the above letter by Registered Post A/d. While issuing letters for disciplinary grounds, make a note that your language needs to be assertive and you need to have right punch also. Status of the employee i.e. whether he is senior or junior that does not matter.
If the employee reports then well and good. Issue him show cause notice and ask his explanation. If the explanation is satisfactory then let him resume his duties. If the explanation is not satisfactory then you can terminate the services of the employee.
If the employee does not respond or does not accept the registered letter, then send the second letter. In this letter give reference of the first letter and quote conditions of employment with respect to unauthorised absence.
If the employee still does not respond or this letter is also bounced then order for the domestic enquiry. Send the third letter for deposing before the enquiry.
Based on the findings of the Enquiry Officer, management can terminate the employee. Make a note that enquiry office can only enquire and establish the culpability and he/she does not have authority to recommend punishment of any kind.
Send the termination letter to the employee by registered post.
Now this is the legally sound procedure for termination. How much you wish to follow is up to you. But make a note that if you follow all this you will not have worry on any count. Even if the delinquent employee knocks the doors of labour office or labour court, you will have enough evidence of following principles of natural justice. Labour courts have never interfered in the affairs of the company if the principles of natural justice were followed.
In case if the employee is in possession of some items that company has given to him then you can mention that also in the first letter. If the value of the items is too high then you may lodge even police complaint. However, before going to police make sure that you have adequate evidence that delinquent employee had taken those items on loan from the company and he did not return them.
Can you lodge a police complaint for not abiding with the provisions of the appointment letter issued to him? This is a little ticklish issue and I recommend you taking opinion of the lawyer. However, if you do that it will serve the message to all other employees that what management is up to and it does not develop cold feet while dealing with truant employees.
Ok...
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.
From India, Bangalore
As of now give a very simple notice of absence. Let us not get deep into this. The rough draft could be as below:
+++++
Date: -
To,
Mr _______ (name of the employee)
Employee No _____
_________ (address of the employee)
Absence from Duties
1. Your attendance records show that you have not reported for your duties from _____ (date). We have not received any communication from you on your absence. Neither you had applied for leave before absenting yourself from the duties.
2. Your absence from duties is unauthorised and it has been viewed seriously. You are hereby directed to report for your duties immediately. If you fail to report even after receipt of this letter, severe disciplinary action will be initiated against you.
_________ (name of the signatory)
_________ (designation of the signatory)
+++++
Send the above letter by Registered Post A/d. While issuing letters for disciplinary grounds, make a note that your language needs to be assertive and you need to have right punch also. Status of the employee i.e. whether he is senior or junior that does not matter.
If the employee reports then well and good. Issue him show cause notice and ask his explanation. If the explanation is satisfactory then let him resume his duties. If the explanation is not satisfactory then you can terminate the services of the employee.
If the employee does not respond or does not accept the registered letter, then send the second letter. In this letter give reference of the first letter and quote conditions of employment with respect to unauthorised absence.
If the employee still does not respond or this letter is also bounced then order for the domestic enquiry. Send the third letter for deposing before the enquiry.
Based on the findings of the Enquiry Officer, management can terminate the employee. Make a note that enquiry office can only enquire and establish the culpability and he/she does not have authority to recommend punishment of any kind.
Send the termination letter to the employee by registered post.
Now this is the legally sound procedure for termination. How much you wish to follow is up to you. But make a note that if you follow all this you will not have worry on any count. Even if the delinquent employee knocks the doors of labour office or labour court, you will have enough evidence of following principles of natural justice. Labour courts have never interfered in the affairs of the company if the principles of natural justice were followed.
In case if the employee is in possession of some items that company has given to him then you can mention that also in the first letter. If the value of the items is too high then you may lodge even police complaint. However, before going to police make sure that you have adequate evidence that delinquent employee had taken those items on loan from the company and he did not return them.
Can you lodge a police complaint for not abiding with the provisions of the appointment letter issued to him? This is a little ticklish issue and I recommend you taking opinion of the lawyer. However, if you do that it will serve the message to all other employees that what management is up to and it does not develop cold feet while dealing with truant employees.
Ok...
Dinesh V Divekar
Beware of false knowledge; it is more dangerous than ignorance.
From India, Bangalore
Hello Rohit,
What is the nature of your query? I don't see anything anywhere. The hyperlink given in your previous post is not working.
DVD
hi dinesh.. i need ur advice..plz respond...thanks for ur help...
From India, Bangalore
What is the nature of your query? I don't see anything anywhere. The hyperlink given in your previous post is not working.
DVD
hi dinesh.. i need ur advice..plz respond...thanks for ur help...
From India, Bangalore
Hi dinesh
In an IT firm for 9 years exp candidate...the company ask to provide last 5 years details for BG verification, and than ask to provide full employment details for visa purpose and employment purpose...now if the 1st company is closed will it be a problem , as supporting to that only service certificate is there.
if the company is asking for last 5 years details for bg verification than why company is asking for full emplyment details...please let us know on this
From United States, Cambridge
In an IT firm for 9 years exp candidate...the company ask to provide last 5 years details for BG verification, and than ask to provide full employment details for visa purpose and employment purpose...now if the 1st company is closed will it be a problem , as supporting to that only service certificate is there.
if the company is asking for last 5 years details for bg verification than why company is asking for full emplyment details...please let us know on this
From United States, Cambridge
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