Mr. Ashok
First and foremost, as HR incharge, you should have systems and procedures in place for all your activities. This includes issuing ID Cards, company property, benefits administration etc. All these activities need to be documented and records kept at every stage. Had you been maintaining these things, above issues would not have arisen.
These are called Standard Operating Procedures. Most of us will not be able to give you any formats, or templates without knowing the operation / functioning of your organisation. It would be proper for you to hire the services of an experienced HR person on contract basis or as a Consultant and establish all these systems and procedures.
Once these things are understood by each and every employee of your organisation, you will not be knocking at the doors of CiteHR. But doing the first act is the challenge and get on with it now.
It is not that we are not willing to help you out with our past experience but then for how long and for how many things you will keep on asking us for guidance.
Focus on the grey areas, develop systems, procedures and institutionalise the same to be clearly understood by all across the organisation for your own benefit and for the benefit of the organisation.
Best wishes
From India
581First and foremost, as HR incharge, you should have systems and procedures in place for all your activities. This includes issuing ID Cards, company property, benefits administration etc. All these activities need to be documented and records kept at every stage. Had you been maintaining these things, above issues would not have arisen.
These are called Standard Operating Procedures. Most of us will not be able to give you any formats, or templates without knowing the operation / functioning of your organisation. It would be proper for you to hire the services of an experienced HR person on contract basis or as a Consultant and establish all these systems and procedures.
Once these things are understood by each and every employee of your organisation, you will not be knocking at the doors of CiteHR. But doing the first act is the challenge and get on with it now.
It is not that we are not willing to help you out with our past experience but then for how long and for how many things you will keep on asking us for guidance.
Focus on the grey areas, develop systems, procedures and institutionalise the same to be clearly understood by all across the organisation for your own benefit and for the benefit of the organisation.
Best wishes
From India
Dear Friend,
It appears your boss is just making an issue out of nothing.You don't have valid issue to file an FIR and even if you go to police Station Police will ask you to pay the salary and get back your things. I feel your Boss either not a business oriented or a new person.Think every thing on compasionate ground you are well aware that person has resigned due to some personal problem and one thing is sure problem must be really serious and may be due to his problems he could not attend your phone calls.
No doubt he has done wrong by not submitting the official items but dear why you had not paid the salary on due date.It means your company is not a regular paymaster. It appears your company do not follow any procedures to safeguard its interests forget about the interests of employees.
In this case tell your boss that to file a case against this person may cost more then the dues of that employee and then you have to hire an Advocate who will charge you handsomely.Finally what will happen court will ask you to pay the salary of that employee. The court may take some serious vies on your systems and can even impose a fine on company for not paying salaries to workers on time.
So if you wish to open a Pandora box just think of the consequences and take action. The best way out is instead of undergoing all this and putting the employee who is already in distress just call him to office to collect the dues and return the material and have a good night sleep. For future just learn to do things professionaly.
From India, Delhi
It appears your boss is just making an issue out of nothing.You don't have valid issue to file an FIR and even if you go to police Station Police will ask you to pay the salary and get back your things. I feel your Boss either not a business oriented or a new person.Think every thing on compasionate ground you are well aware that person has resigned due to some personal problem and one thing is sure problem must be really serious and may be due to his problems he could not attend your phone calls.
No doubt he has done wrong by not submitting the official items but dear why you had not paid the salary on due date.It means your company is not a regular paymaster. It appears your company do not follow any procedures to safeguard its interests forget about the interests of employees.
In this case tell your boss that to file a case against this person may cost more then the dues of that employee and then you have to hire an Advocate who will charge you handsomely.Finally what will happen court will ask you to pay the salary of that employee. The court may take some serious vies on your systems and can even impose a fine on company for not paying salaries to workers on time.
So if you wish to open a Pandora box just think of the consequences and take action. The best way out is instead of undergoing all this and putting the employee who is already in distress just call him to office to collect the dues and return the material and have a good night sleep. For future just learn to do things professionaly.
From India, Delhi
Dear Ashok,
There are a few things - ( your first post initiating this discussion contain inappropriate words giving wrong meaning to a reader) -
1. You should have adopted some systems by which your office will have some document for whatever office materials one is taking out. I'm aware that even a small thing such as a pen drive, or a floppy disc onwards are documented thro' a "Pass out" duly authorised by a designated officer and/or entered in a register, security passes, and the receiver acknowledges having taken them out of office. If so these record should be handy to establish that a lap top, data card etc. were issued to him. If nothing is available it would be difficult to prove that these co. properties were actually issued to him for co.purpose and return to co. when done or on exit whichever is earlier. He might as well argued as if they are issued permanently for his use and meant not to be returned. Where are the terms & conditions governing such transactions ?
2. It's almost nearing one month since resigned and one month's notice period is coming to a close. By 9th April you have to decide about his resignation/relief. If you are not relieving him on his resignation it would be construed that he is still on roll and 'dies non' would arise. It also would be deemed that his resignation is accepted since so far you have not sent non acceptance or acceptance of his resignation. No Inquiry is initiated. You'll have no right to detain where no inquiry is ordered.
3. As some pointed out, unless you have a very strong case of theft of co's property it is very difficult to enforce a FIR, as the fact is that 'Lap top, data card, mobile' etc. was actually provided by your co. to perform certain duties rightly. Not returning them is a different issue which can be easily linked to non payment of salary and non acceptance of resignation letter, yet to be relieved. He may as well can argue he continue to be your employee as his resignation has not yet been accepted.
4.Similarly delay in payment of salary itself could be adduced as a reason for resignation.
So filing FIR could be a last resort and a domestic inquiry cannot go side by side parallely on the same charges.
If no other serious charges are with you against him, better settle it amicably on 'give & take' basis.
kumar.s.
From India, Bangalore
There are a few things - ( your first post initiating this discussion contain inappropriate words giving wrong meaning to a reader) -
1. You should have adopted some systems by which your office will have some document for whatever office materials one is taking out. I'm aware that even a small thing such as a pen drive, or a floppy disc onwards are documented thro' a "Pass out" duly authorised by a designated officer and/or entered in a register, security passes, and the receiver acknowledges having taken them out of office. If so these record should be handy to establish that a lap top, data card etc. were issued to him. If nothing is available it would be difficult to prove that these co. properties were actually issued to him for co.purpose and return to co. when done or on exit whichever is earlier. He might as well argued as if they are issued permanently for his use and meant not to be returned. Where are the terms & conditions governing such transactions ?
2. It's almost nearing one month since resigned and one month's notice period is coming to a close. By 9th April you have to decide about his resignation/relief. If you are not relieving him on his resignation it would be construed that he is still on roll and 'dies non' would arise. It also would be deemed that his resignation is accepted since so far you have not sent non acceptance or acceptance of his resignation. No Inquiry is initiated. You'll have no right to detain where no inquiry is ordered.
3. As some pointed out, unless you have a very strong case of theft of co's property it is very difficult to enforce a FIR, as the fact is that 'Lap top, data card, mobile' etc. was actually provided by your co. to perform certain duties rightly. Not returning them is a different issue which can be easily linked to non payment of salary and non acceptance of resignation letter, yet to be relieved. He may as well can argue he continue to be your employee as his resignation has not yet been accepted.
4.Similarly delay in payment of salary itself could be adduced as a reason for resignation.
So filing FIR could be a last resort and a domestic inquiry cannot go side by side parallely on the same charges.
If no other serious charges are with you against him, better settle it amicably on 'give & take' basis.
kumar.s.
From India, Bangalore
Hi to All, Anybody send the format for issuing the laptop , data card etc... so that we can avoid the this type problems in future. please send the attache mat ASAP.
From India, Hyderabad
From India, Hyderabad
It is very simple Mr. Ashok.
RECEIPT
This is to acknowlledge receipt of a Laptop from the Administration with following details"
Brand name
Model
Make
Configuration
...
...
I hereby undertake to use the Laptop only for official purposes and also maintain the same in good working condition. I also undertake to return the laptop, in good working condition, as and when I leave the services of the organisation.
Signature
Name
Department
Date
From India
RECEIPT
This is to acknowlledge receipt of a Laptop from the Administration with following details"
Brand name
Model
Make
Configuration
...
...
I hereby undertake to use the Laptop only for official purposes and also maintain the same in good working condition. I also undertake to return the laptop, in good working condition, as and when I leave the services of the organisation.
Signature
Name
Department
Date
From India
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