Dear UK Mitra
I see from your post that your location is Saudi Arabia.
My dear friend, that explains your opinion.
However, I must inform you that in a country like India, the largest democracy in the world, the system tends to be fair and just to both the parties.
In India, you can not FORCE AN EMPLOYEE TO WORK nor you can FORCE him to sign papers indicating his consent to work. This practice may be common in the Middle East countries/Sheikhdoms.
In India, such coercive tactics amounting to extortion, wrongful confinement etc. will invite a host of criminal proceedings against that person/company.
In fact in every legal document in India, one has to state that it is being executed without any pressure and out of free will of the individual. Kindly bear this in mind.
All you can do is recover/deduct 20 days salary from his full and final payments.
Kindly give suggestion and opinion with respect to the LAW OF THE LAND.
Dear Riya
Hope your doubts have been addressed to, by the posts from other members also.
Warm regards.
From India, Delhi
1426I see from your post that your location is Saudi Arabia.
My dear friend, that explains your opinion.
However, I must inform you that in a country like India, the largest democracy in the world, the system tends to be fair and just to both the parties.
In India, you can not FORCE AN EMPLOYEE TO WORK nor you can FORCE him to sign papers indicating his consent to work. This practice may be common in the Middle East countries/Sheikhdoms.
In India, such coercive tactics amounting to extortion, wrongful confinement etc. will invite a host of criminal proceedings against that person/company.
In fact in every legal document in India, one has to state that it is being executed without any pressure and out of free will of the individual. Kindly bear this in mind.
All you can do is recover/deduct 20 days salary from his full and final payments.
Kindly give suggestion and opinion with respect to the LAW OF THE LAND.
Dear Riya
Hope your doubts have been addressed to, by the posts from other members also.
Warm regards.
From India, Delhi
One question - why cannot an employer work in 10 days notice to get the hand over done? Even CEO positions can be handed over in 3 days flat if essential. All the periodic reviews by his supervisor in past must surely document all office matters and employee contributions - if it was not so then the company may be without good systems.
Remember that a disgruntled employee serving 30 days in the office can crib to the team like a martyr and destroy in two weeks the cordial atmosphere and also damage the system financially.
From India, Hyderabad
Remember that a disgruntled employee serving 30 days in the office can crib to the team like a martyr and destroy in two weeks the cordial atmosphere and also damage the system financially.
From India, Hyderabad
Dear Friends,
Suggestions made by Mr. UK Mitra are rather drastic and not tenable.
You cannot force an employee to serve out his Notice Period.
All that you can do is to recover from the employee salary in lieu of the shortfall in the Notice Period.
You cannot take any valid legal action in such matters.
Vasant Nair
From India, Mumbai
Suggestions made by Mr. UK Mitra are rather drastic and not tenable.
You cannot force an employee to serve out his Notice Period.
All that you can do is to recover from the employee salary in lieu of the shortfall in the Notice Period.
You cannot take any valid legal action in such matters.
Vasant Nair
From India, Mumbai
Daer Riya, You will deduct the salary of 20 days becoz he cover notice for 10 days only & i suggest you will deduct the salary for 20 days. Regards Guneet Kaur Manager-H.R
From India, New Delhi
From India, New Delhi
Dear Riya ,
1. That is depend upon service period of employee because if employee have complete his probation period as well as have confirmation letter then You can take action like 30 days notice period only. otherwise if employee are not covered his probation period then you can not take any action against him.
2. if you have given any appointment letter with term of service condition & employee are accepted same & you have prof then you can take legally action against him. If you don't have, then you have no right to deduct any amount / not take any action .
Thanks
Name :Amit Sharma
"amitsharmaji@rediffmail.com"
From India, Delhi
1. That is depend upon service period of employee because if employee have complete his probation period as well as have confirmation letter then You can take action like 30 days notice period only. otherwise if employee are not covered his probation period then you can not take any action against him.
2. if you have given any appointment letter with term of service condition & employee are accepted same & you have prof then you can take legally action against him. If you don't have, then you have no right to deduct any amount / not take any action .
Thanks
Name :Amit Sharma
"amitsharmaji@rediffmail.com"
From India, Delhi
You can not only deduct his 20 days salary but can deduct his full month's salary since he has not completed the notice period. Notice period means full period even if one day is not served properly you can actually deduct one full month's pay. Secondly you can also proceed legally under criminal laws if handover of property was not done properly. You can also complain to his present employer and tell him that you have not releived him.
For more specific information you can email me
Regards
Pankaj V. Bandekar
Advocate
From India, Mumbai
For more specific information you can email me
Regards
Pankaj V. Bandekar
Advocate
From India, Mumbai
Dear Nair and Raj,
I have already in my past company taken a legal action to recover the cost for a staff who had not served notice and we had recovered appx INR 75,000 from the staff. Please do consult your company advocate.
Dear Raj, What make you think that a person working in KSA does not know about India. I am in KSA, but spend more that a decade in India as profession, so I guess based on location experts like you should not comment on other judgment and suggestions. You are free to give you own to the concerened. This is one thing I don't like about some experts. Let all have their say of what they feel.
1. Nobody is forcing the staff to sign a paper. But as a course of action and safe gaurd of the company interest, the letter has to be given to the staff in wirting of management decision, as an evident and proof at a later stage.
2. The staff being severed the letter has a choice to accept or not accept. HR will make a record on the same as per case.
3. In crimal/civil court, apart from offer letter etc, all communication on any subject case will be considered as valid documents of evidence, which has been served upon the Defended including e-mail messages. Hence, had asked the concered to have the companies decision given to the staff immediately in wirting.
4. The discussion/councellling with the staff to continue to completed the 30 days of notice period as require by management, highlighting the type of action which woudl be inatiated by the company, does not attribiute to force tactice, as being made evident in your message. Its an easy way to avoid any complication and legal action and expenses to both parties would have to bear, if this is successful.
5. I have also mentioned in my previous response that incase the staff is ready to pay the notice period, the would have to let him go. Not sure if you have read the entire message.
Last but not the least, I would appreciate if HR experts do not involve in passing comments on others, rather you can give your suggestion and the conceren will take the correct choice of action of what they feel is just and correct.
Regards
UKmitra
From Saudi Arabia, Riyadh
I have already in my past company taken a legal action to recover the cost for a staff who had not served notice and we had recovered appx INR 75,000 from the staff. Please do consult your company advocate.
Dear Raj, What make you think that a person working in KSA does not know about India. I am in KSA, but spend more that a decade in India as profession, so I guess based on location experts like you should not comment on other judgment and suggestions. You are free to give you own to the concerened. This is one thing I don't like about some experts. Let all have their say of what they feel.
1. Nobody is forcing the staff to sign a paper. But as a course of action and safe gaurd of the company interest, the letter has to be given to the staff in wirting of management decision, as an evident and proof at a later stage.
2. The staff being severed the letter has a choice to accept or not accept. HR will make a record on the same as per case.
3. In crimal/civil court, apart from offer letter etc, all communication on any subject case will be considered as valid documents of evidence, which has been served upon the Defended including e-mail messages. Hence, had asked the concered to have the companies decision given to the staff immediately in wirting.
4. The discussion/councellling with the staff to continue to completed the 30 days of notice period as require by management, highlighting the type of action which woudl be inatiated by the company, does not attribiute to force tactice, as being made evident in your message. Its an easy way to avoid any complication and legal action and expenses to both parties would have to bear, if this is successful.
5. I have also mentioned in my previous response that incase the staff is ready to pay the notice period, the would have to let him go. Not sure if you have read the entire message.
Last but not the least, I would appreciate if HR experts do not involve in passing comments on others, rather you can give your suggestion and the conceren will take the correct choice of action of what they feel is just and correct.
Regards
UKmitra
From Saudi Arabia, Riyadh
Dear all,
Thanx for all your time and suggestions.
Actually i had told my directors that we can not take any such legal actioan agains such case but they are actually mad and want to make the employee trouble for just one reason that he is joining our compititor company... Hence being an HR professiona i cnt accept such an attitude of the employer and i have decided to resign from here...
please help me in finding any new job in NCR.
From India, Delhi
Thanx for all your time and suggestions.
Actually i had told my directors that we can not take any such legal actioan agains such case but they are actually mad and want to make the employee trouble for just one reason that he is joining our compititor company... Hence being an HR professiona i cnt accept such an attitude of the employer and i have decided to resign from here...
please help me in finding any new job in NCR.
From India, Delhi
hello,
I totally agree with the views of anonymous. I would like to add another aspect in the suggestion that you caninsted of deducting the amount the payables to the employee you can adjust the balance leave for the shortfall of thenotice.
From India, Delhi
I totally agree with the views of anonymous. I would like to add another aspect in the suggestion that you caninsted of deducting the amount the payables to the employee you can adjust the balance leave for the shortfall of thenotice.
From India, Delhi
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.
Notice of Employee Change.doc