Hi Seema,
It is important that you review all documents he signed upon joining your organization. Like you said, you have a signed (it must be notarized) agreement that an employee must not resign and if he intends so, he can file a resignation letter at least 30 days before. In the labor code, it clearly states that if an employee leaves before the 30-day notice, an employer has the right to sue him for any loss/damages incurred by his act especially that he is holding a managerial position where he violated the trust of the company (breach of contract).
I hope i helped,
Reign
From Philippines, Davao
It is important that you review all documents he signed upon joining your organization. Like you said, you have a signed (it must be notarized) agreement that an employee must not resign and if he intends so, he can file a resignation letter at least 30 days before. In the labor code, it clearly states that if an employee leaves before the 30-day notice, an employer has the right to sue him for any loss/damages incurred by his act especially that he is holding a managerial position where he violated the trust of the company (breach of contract).
I hope i helped,
Reign
From Philippines, Davao
Hi Seema,
This is a common factor that certain employees is doing.. Sorry to say.
1. Try Call his Mobile or Landline no.
2. Send an Official Mail with his agreement signed copy to his Residential Address, Personal Mail id, Your Office Mail Id (if he holds) check whether the office mail id is live and he is checking that.
3. If he is not responding and nor corresponding to all these things, send a formal registered letter from your advocate with all the correspondence what you have made.
4. For this step he will definitely reply, no need to worry, you will get back your things from him.
5. If all these does't work make a proper FIR complaint and publish his photo in the news papers with help of your advocate.
The same process i did and got my things from my X-BDE.
Vijay.R
From India, Madras
This is a common factor that certain employees is doing.. Sorry to say.
1. Try Call his Mobile or Landline no.
2. Send an Official Mail with his agreement signed copy to his Residential Address, Personal Mail id, Your Office Mail Id (if he holds) check whether the office mail id is live and he is checking that.
3. If he is not responding and nor corresponding to all these things, send a formal registered letter from your advocate with all the correspondence what you have made.
4. For this step he will definitely reply, no need to worry, you will get back your things from him.
5. If all these does't work make a proper FIR complaint and publish his photo in the news papers with help of your advocate.
The same process i did and got my things from my X-BDE.
Vijay.R
From India, Madras
Hi Seema,
First of all find out what your management wants. If you wanted to get rid of the manager, talk to him on phone and ask him to return what ever company items like key etc he had and let him go. However, if that is not the case, then as mentioned earlier by others:
1. Send a letter by Regd AD and Certificate of posting (Indian Postal service only) at his local as well as permanent address that he should report to duty immediately, else the company would be taking legal action.
2. Stop his salary, so that one month notice period is adjusted.
3. I am sure he will not respond to the notice. After 30 days of the date of sending the first letter and if the company is serious, send a letter through an advocate asking him to report to duty immediately. This will have an effect on him and he may come and meet you.
4. Take back the keys and all other items issued by the company.
5. However, if he does not come, then file a case in the court for recovery of items and breach of rules and regulations. No one would like to get involved in the legal case, so chances are that he may return and settle the case.
Thanks,
--Lav Nigam--
From India, Hyderabad
First of all find out what your management wants. If you wanted to get rid of the manager, talk to him on phone and ask him to return what ever company items like key etc he had and let him go. However, if that is not the case, then as mentioned earlier by others:
1. Send a letter by Regd AD and Certificate of posting (Indian Postal service only) at his local as well as permanent address that he should report to duty immediately, else the company would be taking legal action.
2. Stop his salary, so that one month notice period is adjusted.
3. I am sure he will not respond to the notice. After 30 days of the date of sending the first letter and if the company is serious, send a letter through an advocate asking him to report to duty immediately. This will have an effect on him and he may come and meet you.
4. Take back the keys and all other items issued by the company.
5. However, if he does not come, then file a case in the court for recovery of items and breach of rules and regulations. No one would like to get involved in the legal case, so chances are that he may return and settle the case.
Thanks,
--Lav Nigam--
From India, Hyderabad
one more thing to do is find out where he has joined and write to that company about his style of leaving the job.
From India, Bangalore
1From India, Bangalore
Ms Seema,
to add,
does your company have a high attrition rate, a hire and fire policy, victimisation of managers, low morale, bad managerial and hr practices, etc it is more a time for corporate introspection - ofcourse you could be personally helpless unless this is an isolated case and you have a professional progressive introspective culture where management is open to take corrective cultural initiatives in today's age of enlightened hrd culture.
may be the next employer has assured him of all support while joining the organisation and he has taken a calculated risk. some companies do not relieve a person timely or settle his accounts promptly even though a thorough resignation has been submitted finding excuses to extend his stay to complete assignments etc as a matter of right over the employees. did he have any genuine grievances or were his relations with the top management or his boss impaired for any known reason. this may have a demoralising impact on the managers and employees down the line.
let some very senior company official have an out of the campus transparent discussion with him at a hotel/restaurant assuaging his feelings. since he has already joined elsewhere help can be requested on critical information or pending matters visiting the office in the evenings or on holidays and keeping the communication lines open and friendly. he could be requestd to hand over the files/documents he has to an authorised person nominated by the company, simultaneously handing over the cheque for his dues after deducting the notice pay due to the company as a matter of policy. invite him for a farewel party one evening where the misundersandings leading to the situation could be clarified assuring other managers of a transparent enlightened management able to handle the situation coolly preventing further damage of morale in the organisation. hope all this is possible - could enhace the corporate image and the employer brand value to be repaired and encashed, atleast a theoretical possibility if one would like to learn to handle emotions rationally and act wisely enough. hope this makes atleast an interesting reading for ourselves.
in one company a very senior ceo joined a competitor attending his exhibition even before he had officially left the company which the MD did not like. his dues were cleared, invited to the office and handed over - over a boque of flowers and some icecream in the MD's office, avoiding a group farewel to avoid any further embarrassments that could crop up. thus things could be handled amicably to the extent possible.
earlier it was labor/industrial relations handling matters legally through legal documentation and legal games, now it is human/employee relations making the workplace a better democratic place with proactive people oriented culture leaving no room for such incidents as above a senior person leaving without intimation which does not speak well for the company culture too with a need to handle the situation with soft options possible reducing the cultural damage - deploying the much talked of soft skills in practice. unless the facts warrant a legal punitive action beyond doubt.
hope this helps academically atleast.
regards and best wishes,
kshantaram
From India, Ahmadabad
to add,
does your company have a high attrition rate, a hire and fire policy, victimisation of managers, low morale, bad managerial and hr practices, etc it is more a time for corporate introspection - ofcourse you could be personally helpless unless this is an isolated case and you have a professional progressive introspective culture where management is open to take corrective cultural initiatives in today's age of enlightened hrd culture.
may be the next employer has assured him of all support while joining the organisation and he has taken a calculated risk. some companies do not relieve a person timely or settle his accounts promptly even though a thorough resignation has been submitted finding excuses to extend his stay to complete assignments etc as a matter of right over the employees. did he have any genuine grievances or were his relations with the top management or his boss impaired for any known reason. this may have a demoralising impact on the managers and employees down the line.
let some very senior company official have an out of the campus transparent discussion with him at a hotel/restaurant assuaging his feelings. since he has already joined elsewhere help can be requested on critical information or pending matters visiting the office in the evenings or on holidays and keeping the communication lines open and friendly. he could be requestd to hand over the files/documents he has to an authorised person nominated by the company, simultaneously handing over the cheque for his dues after deducting the notice pay due to the company as a matter of policy. invite him for a farewel party one evening where the misundersandings leading to the situation could be clarified assuring other managers of a transparent enlightened management able to handle the situation coolly preventing further damage of morale in the organisation. hope all this is possible - could enhace the corporate image and the employer brand value to be repaired and encashed, atleast a theoretical possibility if one would like to learn to handle emotions rationally and act wisely enough. hope this makes atleast an interesting reading for ourselves.
in one company a very senior ceo joined a competitor attending his exhibition even before he had officially left the company which the MD did not like. his dues were cleared, invited to the office and handed over - over a boque of flowers and some icecream in the MD's office, avoiding a group farewel to avoid any further embarrassments that could crop up. thus things could be handled amicably to the extent possible.
earlier it was labor/industrial relations handling matters legally through legal documentation and legal games, now it is human/employee relations making the workplace a better democratic place with proactive people oriented culture leaving no room for such incidents as above a senior person leaving without intimation which does not speak well for the company culture too with a need to handle the situation with soft options possible reducing the cultural damage - deploying the much talked of soft skills in practice. unless the facts warrant a legal punitive action beyond doubt.
hope this helps academically atleast.
regards and best wishes,
kshantaram
From India, Ahmadabad
Hi Seema,
I can understand how frustrating it can be when an employee(s) resigns without adequate notice. My advice is that you write or call him/her, congratulate him/her on his new appointment, and request for the company's property in his possession. This is important for the sake of the reputation and image of your organization.
Hardline positions many times do backfire and makes you look like a fool.
Writing a termination letter to someone who already resigned is an obvious error because he is no longer in your employment.
If after the letter/or call he refuses to respond, your next action will depend on the magnitude of the items in his/her possession. If the item is negligible ignore his action and move on. Otherwise seek legal advice on the way forward(that is if the item in question is of high value).
Many thanks.
Prof.
From Swaziland
I can understand how frustrating it can be when an employee(s) resigns without adequate notice. My advice is that you write or call him/her, congratulate him/her on his new appointment, and request for the company's property in his possession. This is important for the sake of the reputation and image of your organization.
Hardline positions many times do backfire and makes you look like a fool.
Writing a termination letter to someone who already resigned is an obvious error because he is no longer in your employment.
If after the letter/or call he refuses to respond, your next action will depend on the magnitude of the items in his/her possession. If the item is negligible ignore his action and move on. Otherwise seek legal advice on the way forward(that is if the item in question is of high value).
Many thanks.
Prof.
From Swaziland
Dear Seema,
You could do the following:
1. If his current month's salary has not been paid, put that on hold.
2. Send him a letter stating clearly that:
a. That he is obliged to give the Co. one Month's Notice before he could be relieved.
b. That he is also obliged to make a complete hand over of everything that he has in
his possession that belongs to the Co. andobtain a Clearance Certificate as a pre
condition to his release from the Co.'s employment. Mention all those ethings that
are in his possession in the letter. Mention a reasonable time frame within which he
is required to do the handing over.
Also mention that in case he fails to come over and hand over things that are in his
possession, the Co. reserves the right to take legal action against him.
This letter must be sent under Registered AD Cover & under UPC. Keep te Receipts
safely in your files/records.
3. If he fails to respond, then file an FIR against him in the area Police Station.
4. Contact a good Lawyer and initiate appropriate legal action....Civil/Criminal....against him. This decision will be yours.
5. Inform his new employer in writing.
Cheers!!!!
Vasant Nair
From India, Mumbai
You could do the following:
1. If his current month's salary has not been paid, put that on hold.
2. Send him a letter stating clearly that:
a. That he is obliged to give the Co. one Month's Notice before he could be relieved.
b. That he is also obliged to make a complete hand over of everything that he has in
his possession that belongs to the Co. andobtain a Clearance Certificate as a pre
condition to his release from the Co.'s employment. Mention all those ethings that
are in his possession in the letter. Mention a reasonable time frame within which he
is required to do the handing over.
Also mention that in case he fails to come over and hand over things that are in his
possession, the Co. reserves the right to take legal action against him.
This letter must be sent under Registered AD Cover & under UPC. Keep te Receipts
safely in your files/records.
3. If he fails to respond, then file an FIR against him in the area Police Station.
4. Contact a good Lawyer and initiate appropriate legal action....Civil/Criminal....against him. This decision will be yours.
5. Inform his new employer in writing.
Cheers!!!!
Vasant Nair
From India, Mumbai
I do agree with Mr. Malik JS that legal action shall be taken as a last alternative. However, senior level managers leaving any organization like this shall be viewed very seriously. The acceptance or otherwise of the resignation need to be ascertained from your CEO first. You have to further ascertain whether any sensitive documents were in this possession which need to be retrieved urgently in the overall interest of your organization and if so your have to sent an urgent notice to him for the same. If it is a matter of only notice time, you better forfeit his one month salary and close the chapter for ever.
Regards
G. Harikumar
From India, Mumbai
Regards
G. Harikumar
From India, Mumbai
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Notice of Employee Change.doc