Dear All,
Greetings of the day.
One of my employee placed as Executive- Marketing and his resigned from the job on 9th of March-2013 because his personal problems and others. we had not given him his salary because he had not lifted our calls and not done performance well. Salary period is 07th of every month.
We had not given him laptop, data card and others also now is not submitting the same because he had not received salary and telling give me salary and submit the things.
Now my boss is asking the file an FIRE, your requested to tell me what is process of the same. is there any point like to send 03 register post to him for submitting the same.
From India, Hyderabad
169Greetings of the day.
One of my employee placed as Executive- Marketing and his resigned from the job on 9th of March-2013 because his personal problems and others. we had not given him his salary because he had not lifted our calls and not done performance well. Salary period is 07th of every month.
We had not given him laptop, data card and others also now is not submitting the same because he had not received salary and telling give me salary and submit the things.
Now my boss is asking the file an FIRE, your requested to tell me what is process of the same. is there any point like to send 03 register post to him for submitting the same.
From India, Hyderabad
Dear Mr. Ashok,
You can take a "Disciplinary Action" against this employee. He is acting faux pas and he is not aware of the dire consequences. There are few questions which I'd like to know from your end.
- Has this employee given an appointmnet letter?
- What is the Notice Period clause in it?
- Do you have the copies of letter approved by the Management/HR duly signed by both the parties that he is alloted with laptop,, datacard etc? if not ven an email could do.
- What is his service period?
- You said that he resigned on 9th March; did he serve his notice?
- Who approved his resignation?
- Any emails sent? or Is there any e\attempt to send a show cause notice inspite of reminders to him?
Above and beyond of my understanding he has resigned but [served the notice?]. He got vanished with office property [how many times has your employer called this person?]
There are many missing links to your post, let us know in clarity to twig on the situation for our cite members to instigate. Thanks!
From India, Visakhapatnam
You can take a "Disciplinary Action" against this employee. He is acting faux pas and he is not aware of the dire consequences. There are few questions which I'd like to know from your end.
- Has this employee given an appointmnet letter?
- What is the Notice Period clause in it?
- Do you have the copies of letter approved by the Management/HR duly signed by both the parties that he is alloted with laptop,, datacard etc? if not ven an email could do.
- What is his service period?
- You said that he resigned on 9th March; did he serve his notice?
- Who approved his resignation?
- Any emails sent? or Is there any e\attempt to send a show cause notice inspite of reminders to him?
Above and beyond of my understanding he has resigned but [served the notice?]. He got vanished with office property [how many times has your employer called this person?]
There are many missing links to your post, let us know in clarity to twig on the situation for our cite members to instigate. Thanks!
From India, Visakhapatnam
Hi Madam,
Thanks a lot for your rejoinder and i would like give the clarification on your question on below.
We had given the appointment letter
30days notice period
i have the duplicate copy of appointment letter and we do not have any proof that we had given the laptop etc. but he given mail that he is going to submit the all things if he will get salary he mentioned in resignation mail
he had not serve the notice period
we have not any acknowledgment to accept the resignation but we told him to submit the things
we had given the no of mails to him to submit the things
Please suggest on the same.
From India, Hyderabad
Thanks a lot for your rejoinder and i would like give the clarification on your question on below.
We had given the appointment letter
30days notice period
i have the duplicate copy of appointment letter and we do not have any proof that we had given the laptop etc. but he given mail that he is going to submit the all things if he will get salary he mentioned in resignation mail
he had not serve the notice period
we have not any acknowledgment to accept the resignation but we told him to submit the things
we had given the no of mails to him to submit the things
Please suggest on the same.
From India, Hyderabad
It is not out of sight that you've done the best of the things in following up with the candidate. This means one of the lacking point is -- You have not prepared the readiness of any company property handed to him [so, this was quite obvious]. Lets say his salary is 10,000-12,000 but the laptop costs 30K and that i more easier for any one not to return even if you don't pay the salary.
Now, send him a Show Cause Notice (for not submitting the possessions of the company) through RPAD, that should clearly state of taking "Disciplinary Action" towards been irresponsible of not attending employers calls and holding the belongings -- Give him a deadline; by which he should retort back at an earliest. Last but not the least, he should be clarified that he will have to face the appalling consequences viz., MODUS OPERANDI -- a legal notice, FIR, Conciliation may be filed against him for pilfering Laptop, Datacard and other material which belong to company's sole property & not serving the desired notice.
Consult the above procedure with your management. They would best decide after your thought put to them on the same.
Later, consequently, make sure of the following is taken care of -
- Laptops or any materials are assigned to people on a level, to avaid such fiddly situations which not only wastes employers time but also causes damge of company's reputation.
- When furnishing any items decided worth to the employee, ensure papers are set-forth.
- As HR a firm rule should be establsihed in terms of notice period -- If any of the them decides to leave company (depending on the level/position) take the handover procedures as early as possible to avoid such circumstances costing employer in disarray.
Look forward to your riposte on steps taken; post discussing the same with your management. Rgds.
From India, Visakhapatnam
Now, send him a Show Cause Notice (for not submitting the possessions of the company) through RPAD, that should clearly state of taking "Disciplinary Action" towards been irresponsible of not attending employers calls and holding the belongings -- Give him a deadline; by which he should retort back at an earliest. Last but not the least, he should be clarified that he will have to face the appalling consequences viz., MODUS OPERANDI -- a legal notice, FIR, Conciliation may be filed against him for pilfering Laptop, Datacard and other material which belong to company's sole property & not serving the desired notice.
Consult the above procedure with your management. They would best decide after your thought put to them on the same.
Later, consequently, make sure of the following is taken care of -
- Laptops or any materials are assigned to people on a level, to avaid such fiddly situations which not only wastes employers time but also causes damge of company's reputation.
- When furnishing any items decided worth to the employee, ensure papers are set-forth.
- As HR a firm rule should be establsihed in terms of notice period -- If any of the them decides to leave company (depending on the level/position) take the handover procedures as early as possible to avoid such circumstances costing employer in disarray.
Look forward to your riposte on steps taken; post discussing the same with your management. Rgds.
From India, Visakhapatnam
Dear Ashok
In addition to What Ms. Sharmila told, I would like to add the following.
Please make clear policy on issue of laptop, data card, mobile and other gadgets, in which make clear who (designation & Cadre) are eligible to get the gadgets, procedure for issue, life time of the gadget, returning procedure, replacement of gadget on life time expiry, procedure for returning of gadget on retirement, resignation, termination etc, damage of gadgets, recovery procedure. Returned gadgets disposal procedure, etc.
Once your policies are clear, then you need not to worry much about such things.
From India, Kumbakonam
In addition to What Ms. Sharmila told, I would like to add the following.
Please make clear policy on issue of laptop, data card, mobile and other gadgets, in which make clear who (designation & Cadre) are eligible to get the gadgets, procedure for issue, life time of the gadget, returning procedure, replacement of gadget on life time expiry, procedure for returning of gadget on retirement, resignation, termination etc, damage of gadgets, recovery procedure. Returned gadgets disposal procedure, etc.
Once your policies are clear, then you need not to worry much about such things.
From India, Kumbakonam
Though you have got replies to your query, I am unable to think in one way. Either the information is not shared on the whole, or I am failing to understand.
Whichever it is, kindly share further information on following as I am highly confused.
1. You mention he's Marketing Executive who filed his resignation on 9th March 2013.
2. He resigned for personal reasons.
3. He is not picking up your calls. (Why are you calling though)
4. He is not returning the laptop and other assets provided by you because you are not processing his salary.
5. You salary processing day is 7th of March. (Fine so what you wish to mention?)
6. He gave his resignation on 9th March and did he mention any of the last working day on it?
7. Is there a scheme of notice buy out mentioned in your HR policy or appointment letter or was conveyed to the person?
8. What is the tenure of the employment of the person?
9. What is his monthly salary. What dues are remaining?
10. Was he given Feb's month's salary
(When you said your salary processing day is 7th of month
he resigned on 9th march,
ideally he should have got his paycheck for feb before he resigned.
But you mentioned that
the person is not returning company's asset because you are not processing the salary. Is he not returning the stuff for mere 2 day's salary? I doubt. Please clarify this point.)
11. Your boss suggested to file an FIR against the person but the futility of same can be analyzed only if we can have answers to the above questions along with - If you have communicated to the person in writing to hand the assets back? You need to produce sufficient evidence that you followed up before you take the legal aid.
Again as mention by Ms. Sharmila, firstly initiate and send warning letters and give time period.
Also since he has resigned on 9th of march, even though a meager amount, a company is liable to pay the salary for those 2 days worked.
Mention in the warning letter itself to hand over the assets by so and so date. You shall process the salary in a week's time after handover of asset.
If he fails to handover, you can then initiate any legal formalities.
From India, Mumbai
Whichever it is, kindly share further information on following as I am highly confused.
1. You mention he's Marketing Executive who filed his resignation on 9th March 2013.
2. He resigned for personal reasons.
3. He is not picking up your calls. (Why are you calling though)
4. He is not returning the laptop and other assets provided by you because you are not processing his salary.
5. You salary processing day is 7th of March. (Fine so what you wish to mention?)
6. He gave his resignation on 9th March and did he mention any of the last working day on it?
7. Is there a scheme of notice buy out mentioned in your HR policy or appointment letter or was conveyed to the person?
8. What is the tenure of the employment of the person?
9. What is his monthly salary. What dues are remaining?
10. Was he given Feb's month's salary
(When you said your salary processing day is 7th of month
he resigned on 9th march,
ideally he should have got his paycheck for feb before he resigned.
But you mentioned that
the person is not returning company's asset because you are not processing the salary. Is he not returning the stuff for mere 2 day's salary? I doubt. Please clarify this point.)
11. Your boss suggested to file an FIR against the person but the futility of same can be analyzed only if we can have answers to the above questions along with - If you have communicated to the person in writing to hand the assets back? You need to produce sufficient evidence that you followed up before you take the legal aid.
Again as mention by Ms. Sharmila, firstly initiate and send warning letters and give time period.
Also since he has resigned on 9th of march, even though a meager amount, a company is liable to pay the salary for those 2 days worked.
Mention in the warning letter itself to hand over the assets by so and so date. You shall process the salary in a week's time after handover of asset.
If he fails to handover, you can then initiate any legal formalities.
From India, Mumbai
Dear All, I feel very happy of anybody send the format that we issued organization property like laptop, sim card, mobile, uniforms, shoes, visiting cards. Awaiting for the same.
From India, Hyderabad
From India, Hyderabad
please give him/any one a graceful exit. Pay his dues and take back the assets. Tell your boss not to get hyper to file fir against any employee.
From India, Mumbai
From India, Mumbai
Hello...
You are confusing here...
Let me get the clarity on the following:
You are telling first that he resigned on his personal problem
and You are also telling in the last that his performance is not good..
And you are also telling No Laptop was given to him
Only data card is with him.... and what kind of data card it is..... is it related to his job or attendance card...
Your boss is telling you to File an FIR..... but he did not tell you on what ground the FIR should be filed..... Pl. ask him on what ground you can file FIR against him...
Of-course I do accept Boss is the Boss.... but it does not mean that whatever your Boss is telling, you will have to do it by closing your eyes.... Let him be a BOSS..... but you also will have to interact with him..... ( some Boss may not like this... ) but you will have to get the clarity... on this..... otherwise these kind of boss will put you in troube in the future days.... be care ful..
Ok on the other side.... if you GO to Police to file the FIR..... they ask you the ground on which they will issue the FIR..
Normally any kind of FIR should be filed by Police Dept. only against the following main points:
ANY KIND OF THEFT
MURDER
RAPE
DOWRY
CHEATING
OR ANY CRIME REASONS....
But in your case..... nothing is applicable and I do not know how you are going to file FIR against this person...
MAY GOD BLESS YOU AND YOUR BOSS...
From India, Bangalore
You are confusing here...
Let me get the clarity on the following:
You are telling first that he resigned on his personal problem
and You are also telling in the last that his performance is not good..
And you are also telling No Laptop was given to him
Only data card is with him.... and what kind of data card it is..... is it related to his job or attendance card...
Your boss is telling you to File an FIR..... but he did not tell you on what ground the FIR should be filed..... Pl. ask him on what ground you can file FIR against him...
Of-course I do accept Boss is the Boss.... but it does not mean that whatever your Boss is telling, you will have to do it by closing your eyes.... Let him be a BOSS..... but you also will have to interact with him..... ( some Boss may not like this... ) but you will have to get the clarity... on this..... otherwise these kind of boss will put you in troube in the future days.... be care ful..
Ok on the other side.... if you GO to Police to file the FIR..... they ask you the ground on which they will issue the FIR..
Normally any kind of FIR should be filed by Police Dept. only against the following main points:
ANY KIND OF THEFT
MURDER
RAPE
DOWRY
CHEATING
OR ANY CRIME REASONS....
But in your case..... nothing is applicable and I do not know how you are going to file FIR against this person...
MAY GOD BLESS YOU AND YOUR BOSS...
From India, Bangalore
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