Dear all
I required all of your valuable suggestions & inputs in below matter.
One of our senior accountant had left our organization on 11-07-14, without any resignation letter or any kind of information. When we had contacted him after a week time he replied that he is ill and can't come back to office. And he will join the office whenever he will recover from illness.
After some days we found that he is working with some other company and he was never ill. His current HR also confirmed that he is working there from 12-07-14 and also he has provide the appointment letter to us with his acceptance.
After that we had mailed him a termination letter on 25-07-14 also speed post the same to him. Now after that he is threatening our management.
We had also found that all the important accounting files are locked with password. And also he had used an software 'Folderlockfree' to hide all the tax related files. The software is also password protected.
He is demanding for his 11 days salary & also threatening our management that he will complain in sales tax & excise office if we not pay to him. Here I want to clear that he is not eligible for any salary. As per our company policy he has to serve 30 days notice period, but he has not done the same. Apart from notice period condition we are ready to pay him, but before it we want all the passwords from him, but he is not ready for the same and not coming back in company. He is abusing over phone with our managers and also saying false allegations against HR (me).
We were in the local police station with an written complain against him, but we not gets any solution from police, even they had not registered our complain.
Could anyone please suggest how to tackle this kind of employee and how we can teach him, so that he can't do this kind of job with other employers.
Thanks & Regards
Amit Kumar
From India, Delhi
I required all of your valuable suggestions & inputs in below matter.
One of our senior accountant had left our organization on 11-07-14, without any resignation letter or any kind of information. When we had contacted him after a week time he replied that he is ill and can't come back to office. And he will join the office whenever he will recover from illness.
After some days we found that he is working with some other company and he was never ill. His current HR also confirmed that he is working there from 12-07-14 and also he has provide the appointment letter to us with his acceptance.
After that we had mailed him a termination letter on 25-07-14 also speed post the same to him. Now after that he is threatening our management.
We had also found that all the important accounting files are locked with password. And also he had used an software 'Folderlockfree' to hide all the tax related files. The software is also password protected.
He is demanding for his 11 days salary & also threatening our management that he will complain in sales tax & excise office if we not pay to him. Here I want to clear that he is not eligible for any salary. As per our company policy he has to serve 30 days notice period, but he has not done the same. Apart from notice period condition we are ready to pay him, but before it we want all the passwords from him, but he is not ready for the same and not coming back in company. He is abusing over phone with our managers and also saying false allegations against HR (me).
We were in the local police station with an written complain against him, but we not gets any solution from police, even they had not registered our complain.
Could anyone please suggest how to tackle this kind of employee and how we can teach him, so that he can't do this kind of job with other employers.
Thanks & Regards
Amit Kumar
From India, Delhi
Dear Mr. Amit,
The way you have expressed the issue in your qoute, it is proved that the said employee is not loyal to the company. He left the company without furninshing proper resignation & handing over. Kindly let us know under what circumstances he did so (like as any negative intances in your company) because any senior person will not do so without any reason.
Anyhow, what he has done is neither ethical nor professional. You might have a copy his appointment letter duly signed by him. Just send an official letter to him quoting the clause of resignation / termination & notice period. Since he has not served the notice period, same can be weived off in his F & F settlement.
Further, if he is not providing you the passwords, you make get help from any IT Expert. If it's not working, you may proceed for legal action against him.
Regards,
Prabhat
From India, Mumbai
45The way you have expressed the issue in your qoute, it is proved that the said employee is not loyal to the company. He left the company without furninshing proper resignation & handing over. Kindly let us know under what circumstances he did so (like as any negative intances in your company) because any senior person will not do so without any reason.
Anyhow, what he has done is neither ethical nor professional. You might have a copy his appointment letter duly signed by him. Just send an official letter to him quoting the clause of resignation / termination & notice period. Since he has not served the notice period, same can be weived off in his F & F settlement.
Further, if he is not providing you the passwords, you make get help from any IT Expert. If it's not working, you may proceed for legal action against him.
Regards,
Prabhat
From India, Mumbai
1. Generally, companies mention in the offer letter that an employee cannot take up full time employment with another company simultaneously. If your offer letter has this clause, then what your employee has done is illegal and it is a valid clause for dismissal. No notice period is required from employer under this circumstance
2. You can lodge a complaint against the employee with Cyber crime division. When an employee resigns or terminated, he is bound to submit all assets of the company to the employer. Files are intellectual materials of the company and he is supposed to handover those too. If he refuses to share the password, it amounts to gross violation and even a criminal case can be registered with cyber cell.
3. You say that, he threatens to complain with Sales Tax and Excise. He can do nothing, if your company has not done any wrong on Tax front.
Send a regd post or speed post. If he doesn't oblige, publish it in the newspaper that 'Mr. X has not been reporting to duty since 12th Apr and was found to be working some other company. Therefore his services were terminated on 25th April. Customers, Vendors and General public are informed that, Mr.X no more on the rolls of the company and are cautioned not to deal with Mr.X regarding any transactions with the company'.
Check with company's advocate on this
From India, Madras
2. You can lodge a complaint against the employee with Cyber crime division. When an employee resigns or terminated, he is bound to submit all assets of the company to the employer. Files are intellectual materials of the company and he is supposed to handover those too. If he refuses to share the password, it amounts to gross violation and even a criminal case can be registered with cyber cell.
3. You say that, he threatens to complain with Sales Tax and Excise. He can do nothing, if your company has not done any wrong on Tax front.
Send a regd post or speed post. If he doesn't oblige, publish it in the newspaper that 'Mr. X has not been reporting to duty since 12th Apr and was found to be working some other company. Therefore his services were terminated on 25th April. Customers, Vendors and General public are informed that, Mr.X no more on the rolls of the company and are cautioned not to deal with Mr.X regarding any transactions with the company'.
Check with company's advocate on this
From India, Madras
Mr. Amit,
I agree with opinion of Mr.Shivaramakrishnan who has guided you suitably. Since your account has crossed all the limits as employee of the company and he deserve for the severe punishment. In this connection I suggest you go as per law. You send a notice to him for his unauthorized absence or absence without leave as per your Certified Standing order. If not follow the Model Standing Order. Call for his explanation showing cause why disciplinary action should not be initiated against him for his alleged unauthorized absence. If he fails to submit his explanation, then order for an domestic inquiry by appointing a Enquiry Officer. Send enquiry notice him stating the date, time and place of inquiry. If he fails to attend the eqnruiry, conduct the proceedings in ex-parte. On receipt of the findings from the Enquiry Offixcer, pass a order for his dimissal from the services of the company.
In the meantime, please keep informed his present employer where he is working, in writing and mention all his attitudes. Let them realize that they have selected a wrong person. Without relieving from the existing company the next company should not appoint him which is against ethic and in fact they should demand for relieving certificate. This is against the law. Also make a complaint in writing to the Labourt Commissioner of your jurisdiction and request for their intravence in the matter. As this is a case under Industrial Disputes Act, 1947 all these should be solved within the purview of law. In such case police cannot register your case unless it is fraud, cheating , theft etc as per Sec.420 of Indian Penal Code. Still it is advisable to seek legal opinion of your Advocate.
THIS IS MY 100TH CONTRIBUTION TO THE READERS IN THIS FORUM AND EXPECT ALL POSSIBLE COOPERATION FROM MY CO CONTRIBUTING MEMBERS AND READERS FOR MUTUAL ADVANTAGES AS THERE IS NO END TO LEARN MORE AND MORE.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
I agree with opinion of Mr.Shivaramakrishnan who has guided you suitably. Since your account has crossed all the limits as employee of the company and he deserve for the severe punishment. In this connection I suggest you go as per law. You send a notice to him for his unauthorized absence or absence without leave as per your Certified Standing order. If not follow the Model Standing Order. Call for his explanation showing cause why disciplinary action should not be initiated against him for his alleged unauthorized absence. If he fails to submit his explanation, then order for an domestic inquiry by appointing a Enquiry Officer. Send enquiry notice him stating the date, time and place of inquiry. If he fails to attend the eqnruiry, conduct the proceedings in ex-parte. On receipt of the findings from the Enquiry Offixcer, pass a order for his dimissal from the services of the company.
In the meantime, please keep informed his present employer where he is working, in writing and mention all his attitudes. Let them realize that they have selected a wrong person. Without relieving from the existing company the next company should not appoint him which is against ethic and in fact they should demand for relieving certificate. This is against the law. Also make a complaint in writing to the Labourt Commissioner of your jurisdiction and request for their intravence in the matter. As this is a case under Industrial Disputes Act, 1947 all these should be solved within the purview of law. In such case police cannot register your case unless it is fraud, cheating , theft etc as per Sec.420 of Indian Penal Code. Still it is advisable to seek legal opinion of your Advocate.
THIS IS MY 100TH CONTRIBUTION TO THE READERS IN THIS FORUM AND EXPECT ALL POSSIBLE COOPERATION FROM MY CO CONTRIBUTING MEMBERS AND READERS FOR MUTUAL ADVANTAGES AS THERE IS NO END TO LEARN MORE AND MORE.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
From India, Bidar
Dear Mr. Adoni/All Members,
Please accept my heartiest thanks for all yours valuable suggestions and feedback. Our files has been unlocked with the help of an IT expert, as suggested by you.
I will discuss with my director on this case with all yours suggestions.
Thanks & Regards.
Amit Kumar
From India, Delhi
Please accept my heartiest thanks for all yours valuable suggestions and feedback. Our files has been unlocked with the help of an IT expert, as suggested by you.
I will discuss with my director on this case with all yours suggestions.
Thanks & Regards.
Amit Kumar
From India, Delhi
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