Dear Vikram,
Employee Separation is one of the very important and crucial function / process of HR Department. This process, if not handled in an efficient manner, can lead to various legal complications.
Absconding – This is one of the most unethical, unexpected and unprofessional way to terminate the contract of an employment. In this, on one fine day an employee decides not to go to work. He does not care to hand-over his stuff. In case an employee decides to abscond (or run-away), it becomes very important to understand his motives and intentions. Employees can abscond in either or all of the below mentioned circumstances / situations:
1) After stealing the confidential information or documents or database from the company.
2) If the intentions of an individual is to commit a crime.
3) If there is a work-pressure and stress and the individual is not able to cope-up with it (as it happens in call-centers, BPO and other high-stress industries).
4) If the employee has committed any crime outside the office and after working hours (such as murder or getting involved in terrorist activities or theft or any other civil crime).
5) Then, when priorities are different. Employee has asked for leave due to some urgency at his home (or might be he is trying to escape from his work responsibilities) and at the same time his team also needs him in the office and his leaves are not approved.
6) If he has got some exceptionally good opportunity that requires him to join immediately and he feels that the process of separation in his company is a bit too complicated. He assumes few things and do not really try to face the challenge.
7) Lastly, it is a personality issue. Employees that abscond have different personalities. They are low in confidence. They are too weak to face the reality and challenges of life. They feel that running away from the problem is as good as solving the problem. They are cowards to take the problems head-on
I don't understand on what ground you are thinking of absconding him when he
has tendered his resignation specifying LWD and probably you / his reporting Mgr had accepted it (hopefully),
had completed all handing over formalities before leaving the work place on declared LWD. Either you or his boss has accepted it. (normally this was to be accepted on LWD and keeping silence at the time of handing over and accepting it can be treated as your acceptance to what he was doing),
Has offered you to deduct notice pay from his FnF
Is answering/responding to all your letters /notices,
Pls also note this what you are thinking on this issue, he must be also thinking on this issue b'coz he is in trouble and can loose his job in absence of NDC / relieving letter. He may go in legal and file a case against you (loosing a job matter alot in anybodies life). Pls check with your Co. whether they are ready to spend money on legal or not.
You must take your HOD as well his HOD's inputs. I am 100% sure they will also suggest you to relieve him.
In my view he has not committed any crime. You should not waste your productive time in this issue and relieve him asap.
Don't Harass him 'Jiyo aur Jine Do'.
Thanks & Regards,
Manish Shrimali
Ranchi
From India, Pune
2Employee Separation is one of the very important and crucial function / process of HR Department. This process, if not handled in an efficient manner, can lead to various legal complications.
Absconding – This is one of the most unethical, unexpected and unprofessional way to terminate the contract of an employment. In this, on one fine day an employee decides not to go to work. He does not care to hand-over his stuff. In case an employee decides to abscond (or run-away), it becomes very important to understand his motives and intentions. Employees can abscond in either or all of the below mentioned circumstances / situations:
1) After stealing the confidential information or documents or database from the company.
2) If the intentions of an individual is to commit a crime.
3) If there is a work-pressure and stress and the individual is not able to cope-up with it (as it happens in call-centers, BPO and other high-stress industries).
4) If the employee has committed any crime outside the office and after working hours (such as murder or getting involved in terrorist activities or theft or any other civil crime).
5) Then, when priorities are different. Employee has asked for leave due to some urgency at his home (or might be he is trying to escape from his work responsibilities) and at the same time his team also needs him in the office and his leaves are not approved.
6) If he has got some exceptionally good opportunity that requires him to join immediately and he feels that the process of separation in his company is a bit too complicated. He assumes few things and do not really try to face the challenge.
7) Lastly, it is a personality issue. Employees that abscond have different personalities. They are low in confidence. They are too weak to face the reality and challenges of life. They feel that running away from the problem is as good as solving the problem. They are cowards to take the problems head-on
I don't understand on what ground you are thinking of absconding him when he
has tendered his resignation specifying LWD and probably you / his reporting Mgr had accepted it (hopefully),
had completed all handing over formalities before leaving the work place on declared LWD. Either you or his boss has accepted it. (normally this was to be accepted on LWD and keeping silence at the time of handing over and accepting it can be treated as your acceptance to what he was doing),
Has offered you to deduct notice pay from his FnF
Is answering/responding to all your letters /notices,
Pls also note this what you are thinking on this issue, he must be also thinking on this issue b'coz he is in trouble and can loose his job in absence of NDC / relieving letter. He may go in legal and file a case against you (loosing a job matter alot in anybodies life). Pls check with your Co. whether they are ready to spend money on legal or not.
You must take your HOD as well his HOD's inputs. I am 100% sure they will also suggest you to relieve him.
In my view he has not committed any crime. You should not waste your productive time in this issue and relieve him asap.
Don't Harass him 'Jiyo aur Jine Do'.
Thanks & Regards,
Manish Shrimali
Ranchi
From India, Pune
Hi There,
On the very outset, employment is at will and you cannot force a person or harass.
--This employee has resigned ,check if the resignation is accepted and last working date is provided to him and other related parties.
-- Check if the leave policies has the clause of no leaves to be availed during notice period or notice period can be bought out
-- Check if the employee is on service agreement or bond , which can be encashed upon.
-- check if all the assets of the organisation is returned or is with the employee.
Since the employee has resigned and duly accepted , you cannot convert it to termination for the mere reason of setting an example, you will be in problem legally.
you can mail him that his relieving and service letter will not be posted to him, if there is task pending or no handover is done by him .
Remember that employees are ambassador or your org, how you treat them reflects , so let be fair and firm.
Thanks
From India
On the very outset, employment is at will and you cannot force a person or harass.
--This employee has resigned ,check if the resignation is accepted and last working date is provided to him and other related parties.
-- Check if the leave policies has the clause of no leaves to be availed during notice period or notice period can be bought out
-- Check if the employee is on service agreement or bond , which can be encashed upon.
-- check if all the assets of the organisation is returned or is with the employee.
Since the employee has resigned and duly accepted , you cannot convert it to termination for the mere reason of setting an example, you will be in problem legally.
you can mail him that his relieving and service letter will not be posted to him, if there is task pending or no handover is done by him .
Remember that employees are ambassador or your org, how you treat them reflects , so let be fair and firm.
Thanks
From India
Manish is quite right, the exit procedure of an employee is a very crucial thing and all legal aspects should be taken care of.
Regards,
Everyjobs Team
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From India, Delhi
Regards,
Everyjobs Team
For latest jobs visit Every Jobs | Find All jobs
U can join us on:
http://www.facebook.com/everyjobs2013
https://twitter.com/everyjobs2013
Everyjobs | LinkedIn
Also send your resume to
From India, Delhi
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