Hi!
An employee of the IT dept of our concern on the last day of his notice period changed the various passwords of the system. his full and final is still pending and so is the relieving letter. he is refusing to disclose the same till his full and final is done. what steps can we take?
1. Can we mention his misconduct in his relieving letter? if yes can I have a wording of the same?
2.what about a police complaint?
From India, Chandigarh
An employee of the IT dept of our concern on the last day of his notice period changed the various passwords of the system. his full and final is still pending and so is the relieving letter. he is refusing to disclose the same till his full and final is done. what steps can we take?
1. Can we mention his misconduct in his relieving letter? if yes can I have a wording of the same?
2.what about a police complaint?
From India, Chandigarh
Dear Gurmohan,
The incident illustrates the lack of trust on the management. Your company need to not do any Employee Satisfaction Survey. The instance demonstrates what is in the mind of employees.
Now you have two options. One is to succumb to the pressure of exiting employee. Give him F & F Settlement on one hand and take passwords from another. This is what we see in our films when Mafia trade.
On the flip side, if you exercise this option, it will send a wrong message to all other employees. They will perceive management as weak entity and will find newer ways to do some arm twisting.
The second option is to do police complaint. But then check with the legal experts first that under the provisions of what law can be booked. Going to police is always nasty affair. But then if required, you need to do that. Retrieval of data stuck in the system will obviously take a time. Can you afford to wait?
Legal action will take time but it will serve a message to all the employees that your company's management stands for what.
Once the whole thing is settled, the earlier your management takes steps to create an atmosphere of trust the better. Nothing substitutes trust. In this very forum couple of weeks/months ago story was circulating that when 26/11 was happening how employees of Taj protected their room and restaurants guests without bothering about their own safety. Why they did this? It is because of their trust on their management.
Its a great warning to your management and earlier your management wakes up the better for them and the company as a whole.
Ok...
Dinesh V Divekar
From India, Bangalore
7884The incident illustrates the lack of trust on the management. Your company need to not do any Employee Satisfaction Survey. The instance demonstrates what is in the mind of employees.
Now you have two options. One is to succumb to the pressure of exiting employee. Give him F & F Settlement on one hand and take passwords from another. This is what we see in our films when Mafia trade.
On the flip side, if you exercise this option, it will send a wrong message to all other employees. They will perceive management as weak entity and will find newer ways to do some arm twisting.
The second option is to do police complaint. But then check with the legal experts first that under the provisions of what law can be booked. Going to police is always nasty affair. But then if required, you need to do that. Retrieval of data stuck in the system will obviously take a time. Can you afford to wait?
Legal action will take time but it will serve a message to all the employees that your company's management stands for what.
Once the whole thing is settled, the earlier your management takes steps to create an atmosphere of trust the better. Nothing substitutes trust. In this very forum couple of weeks/months ago story was circulating that when 26/11 was happening how employees of Taj protected their room and restaurants guests without bothering about their own safety. Why they did this? It is because of their trust on their management.
Its a great warning to your management and earlier your management wakes up the better for them and the company as a whole.
Ok...
Dinesh V Divekar
From India, Bangalore
thanks Dinesh...
However you have jumped to a conclusion a bit too soon...
just to tell you this is just a one odd case that has cropped up in the entire 20 year history of the Company.
my main query remains unanswered regarding mentioning about the incident in the relieving letter..i
From India, Chandigarh
However you have jumped to a conclusion a bit too soon...
just to tell you this is just a one odd case that has cropped up in the entire 20 year history of the Company.
my main query remains unanswered regarding mentioning about the incident in the relieving letter..i
From India, Chandigarh
Dear Gurmohan,
When I posted my comments my objective was not to offend you but to to make you aware of the simmering discontent within your organisation. No trouble comes without forewarning and this could be a jolt pending major tremor.
I have given you two options. You need to choose either one. Yes it is Catch 22 situation. But then everyone passes through these situations.
Ok...
Dinesh V Divekar
From India, Bangalore
When I posted my comments my objective was not to offend you but to to make you aware of the simmering discontent within your organisation. No trouble comes without forewarning and this could be a jolt pending major tremor.
I have given you two options. You need to choose either one. Yes it is Catch 22 situation. But then everyone passes through these situations.
Ok...
Dinesh V Divekar
From India, Bangalore
Dear GurMohan,
This is a common story for all organisations. We cannot satisfy everyone. Yes, you can mention the same in the Experience Letter as this is a gross misconduct. I will provide you with the exact statement that can be furnished in his Experienece Letter. If he is dissatisfied with the management and policies, this is no way expectable behaviour from his end.
Complete his F&F and keep his Experience letter on hold. Also, you can lodge a complaint against the employee. Please check with the legal advisor.
From India, Gurgaon
This is a common story for all organisations. We cannot satisfy everyone. Yes, you can mention the same in the Experience Letter as this is a gross misconduct. I will provide you with the exact statement that can be furnished in his Experienece Letter. If he is dissatisfied with the management and policies, this is no way expectable behaviour from his end.
Complete his F&F and keep his Experience letter on hold. Also, you can lodge a complaint against the employee. Please check with the legal advisor.
From India, Gurgaon
Do you have any Proof that he has changed the password
As stated by Ravi, No Dues Certificate is required for Full & Final Settlement..
I would disgree with Dinesh, without knowing the details of the Organisation, he had directly mentioned about Lack of Trust on Management & Employee Satisfaction Survey
From India, Coimbatore
As stated by Ravi, No Dues Certificate is required for Full & Final Settlement..
I would disgree with Dinesh, without knowing the details of the Organisation, he had directly mentioned about Lack of Trust on Management & Employee Satisfaction Survey
From India, Coimbatore
Dear Gurmohan,
The employe is holding the company on ransom. Infact being an IT personnel password and other details in iT are the most important details which he has to give the company before F&F. Besides, a company has the authority to even search his personal computer/laptop, if you have doubts that he might have infrigned with your company information.
Ofcourse, you can go ahead and file a police complaint against the employee. At the sametime, engage a Lawyer and file a legal notice on him and also inform him that you will publish his name in newspaper if does not follow the company handover process, as being requested by the management.
At the same time, please take him to confidence that the company will give him all his dues and payment.
On the relieving letter; if your company really want to wreck his career, please mentioned the misconduct or let him go in peace.
Sample
(Source:free writing employment termination letters examples, samples and templates of employment termination, employee grievance, discipline hearing cover letters)
name,
address,
date,
reference
Dear Mr/Ms/etc .........
Further to our meeting of (date) we (regretfully) confirm that your employment with us is terminated with effect from (date).
As stated at our meeting :
(Clearly state the position regarding the employee's right of appeal, and state the appeal process and timescales, if you want to.)
(Clearly mention the position that due his position in company, if required the company may call pon for reasons).
(Optional sign-off, for example: Thank you for your past efforts and all the best for your future endeavours.)
Yours, etc.
name and position
(Optionally and recommended: attach, at the foot of the letter refer to, a copy of your written disciplinary process, and also attach and refer to copies of written/printed evidence gathered during the employee's case. This enables employees to understand clearly the case against them, and also the process and their rights during the disciplinary process, which are central to the principles of the employment dispute regulations.)
(Optional section at foot of letter, requiring person to sign, confirming receipt of the letter and any attachment(s), by way of returning a signed copy of this letter.)
Hope this is helpful
Regards,
Ukmitra
From Saudi Arabia, Riyadh
The employe is holding the company on ransom. Infact being an IT personnel password and other details in iT are the most important details which he has to give the company before F&F. Besides, a company has the authority to even search his personal computer/laptop, if you have doubts that he might have infrigned with your company information.
Ofcourse, you can go ahead and file a police complaint against the employee. At the sametime, engage a Lawyer and file a legal notice on him and also inform him that you will publish his name in newspaper if does not follow the company handover process, as being requested by the management.
At the same time, please take him to confidence that the company will give him all his dues and payment.
On the relieving letter; if your company really want to wreck his career, please mentioned the misconduct or let him go in peace.
Sample
(Source:free writing employment termination letters examples, samples and templates of employment termination, employee grievance, discipline hearing cover letters)
name,
address,
date,
reference
Dear Mr/Ms/etc .........
Further to our meeting of (date) we (regretfully) confirm that your employment with us is terminated with effect from (date).
As stated at our meeting :
- (Employer must clearly state reasons - transgressions and relevant policies if applicable)
- (Employer must clearly state previous warnings, informal, formal, written etc., and circumstances and person's response and subsequent behaviour/performance for each warning.)
- Also mention his resignation letter date and ref.
(Clearly state the position regarding the employee's right of appeal, and state the appeal process and timescales, if you want to.)
(Clearly mention the position that due his position in company, if required the company may call pon for reasons).
(Optional sign-off, for example: Thank you for your past efforts and all the best for your future endeavours.)
Yours, etc.
name and position
(Optionally and recommended: attach, at the foot of the letter refer to, a copy of your written disciplinary process, and also attach and refer to copies of written/printed evidence gathered during the employee's case. This enables employees to understand clearly the case against them, and also the process and their rights during the disciplinary process, which are central to the principles of the employment dispute regulations.)
(Optional section at foot of letter, requiring person to sign, confirming receipt of the letter and any attachment(s), by way of returning a signed copy of this letter.)
Hope this is helpful
Regards,
Ukmitra
From Saudi Arabia, Riyadh
Dear gurmohans
Under such circumstances when there are apprehensions on both sides due to mutual mistrust and no party is willing to loose and your Organisation do not want to take legal course of action due to time, cost and other hassels, then the best course of action is to draft suitable MOU and get it executed at both ends in the presence of labour Authority or some Arbitrator as mutually agreed. Terms & conditions can be defined clearly and to be binding and in case of any violation by either party, the third party will have a final say and terms & conditions of such settlemnt shall be enforceable.
S. C Verma
From India, Delhi
Under such circumstances when there are apprehensions on both sides due to mutual mistrust and no party is willing to loose and your Organisation do not want to take legal course of action due to time, cost and other hassels, then the best course of action is to draft suitable MOU and get it executed at both ends in the presence of labour Authority or some Arbitrator as mutually agreed. Terms & conditions can be defined clearly and to be binding and in case of any violation by either party, the third party will have a final say and terms & conditions of such settlemnt shall be enforceable.
S. C Verma
From India, Delhi
well i think mr. dinesh is correct..dis might be just one instance in d co. but u shud take care dat dis one instance doesnt becum a major issue in d future....i wud suggest setting dis as an example for other employees.sendg a message to the rest of the employees dat no matter wat the co. will not bend down with regard to its code of conduct..hence kindly seek legal help..and let others know dat the org will nt tolerate ny such nuisance no matter wat!!!
From India, New Delhi
From India, New Delhi
Dear Gurmohans,
Before taking any step against this employee ,Just call him once and discuss the prons and cons of all this with him.Try to make him comfortable so that he understands the situation and also talk to his fellow collegues so that u can gauge his conduct with him. Than only go fo a futher step.
From India, Chandigarh
Before taking any step against this employee ,Just call him once and discuss the prons and cons of all this with him.Try to make him comfortable so that he understands the situation and also talk to his fellow collegues so that u can gauge his conduct with him. Than only go fo a futher step.
From India, Chandigarh
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Resignation cum relieving letter.doc