Dear All,
One of our clients being a marketing company is facing problem regarding employees who abscond along with the assets of the Company. The cost of the asset ranges from Rs. 5000/- to Rs. 15000/-.
The company deducts PF from the salary of its employees.
Other facts:
1) Some of the employees are not tracable
2) Employees who are tracable, are not ready to pay for the assets outstanding in their names and their PF balance is not enough for full and final settlement (since this will lead to loss to the Company)
So, I want to know as to what action can the Company take considering the over all benefit to the Company considering the Cost as well as legal aspects.
Anticipating some good responses.
Regards,
CA. Lavkush Somani
From India, Surat
1One of our clients being a marketing company is facing problem regarding employees who abscond along with the assets of the Company. The cost of the asset ranges from Rs. 5000/- to Rs. 15000/-.
The company deducts PF from the salary of its employees.
Other facts:
1) Some of the employees are not tracable
2) Employees who are tracable, are not ready to pay for the assets outstanding in their names and their PF balance is not enough for full and final settlement (since this will lead to loss to the Company)
So, I want to know as to what action can the Company take considering the over all benefit to the Company considering the Cost as well as legal aspects.
Anticipating some good responses.
Regards,
CA. Lavkush Somani
From India, Surat
Dear Lavkush,
This is common issue with the Marketing guys. They use to leave the company without handing over the things to the Company.
In Your case, send the absconding letter to the employees on their corresponding address and on pernament address, which they have given at the time of joining through Registered AD.
After 15 days if you will not get any responce, send the same letter letter with making some changes like you have send first letter on ............date but he did not respond on that, by giving the another chance sending this letter to him.
If still, there is no responce, put a FIR against them after discussing with a Legal expert and publish is into the NEWSPAPERs. But by doing this, their career would be expoil forever.
Before this step, talk to your employer and also take the legat advice, b'coz for FIR you should have the all the proof what are the thing have taken and how important are they.
You would not adjust their PF with the Full & Final Settlement.
AMATYA
This is common issue with the Marketing guys. They use to leave the company without handing over the things to the Company.
In Your case, send the absconding letter to the employees on their corresponding address and on pernament address, which they have given at the time of joining through Registered AD.
After 15 days if you will not get any responce, send the same letter letter with making some changes like you have send first letter on ............date but he did not respond on that, by giving the another chance sending this letter to him.
If still, there is no responce, put a FIR against them after discussing with a Legal expert and publish is into the NEWSPAPERs. But by doing this, their career would be expoil forever.
Before this step, talk to your employer and also take the legat advice, b'coz for FIR you should have the all the proof what are the thing have taken and how important are they.
You would not adjust their PF with the Full & Final Settlement.
AMATYA
Hi! I agree with Amatya. As precaution in future pls keep some kind of deposit of new joinee if possible to avoid such situation. Thanks & regards, Janavi
From India, Pune
From India, Pune
Each and every letter should be sent through regd. post with Acknowledgement due. refer previous letter in the subsequent letter as stated by Amatya.Before filing FIR you should try to talk to some of the nearest friends of that absconding felllow.
saikat
From India, Calcutta
saikat
From India, Calcutta
Dear Lavkush,
The suggestion provided by Amatya is being used by us in our company also for absconding employees.
Also to avoid such kind of scenarios in future, a proper referance check and address verification (of both present and premanent address) can be done at the time of recruitment of such guys. Depending upon the reuqirement,an outside agencey can be involed for this.
Swati
From India, Bangalore
The suggestion provided by Amatya is being used by us in our company also for absconding employees.
Also to avoid such kind of scenarios in future, a proper referance check and address verification (of both present and premanent address) can be done at the time of recruitment of such guys. Depending upon the reuqirement,an outside agencey can be involed for this.
Swati
From India, Bangalore
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.
How to Handle an Employee Resignation.doc
Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf