Hello everyone,
Recently one of our employees resigned without giving proper notice at a very crucial time of business. He didn't bother to give any reason for resigning and did not listen to our requests to atleast serve one month notice while as per agreement he was required to serve two months.
While calculating his f&f we adjusted short notice period from his payout and credited his f&f within 30 days to his account and also advised him on the withdrawal of his pf amount.
Still he started claiming his full salary and threatened to go to labor court. We asked him to approach the court as we have not done anything wrong.
When he saw the threats aren't working, he sent mail to one of our very imp client that we have wrongfully held his f&f and are not giving his exp and relieving letters.
Please advise if there is any legal clause which restricts ex employees from contacting and involving clients like this to put pressure on company for unreasonable demands.
Regards,
Jyoti Jain
From India, New Delhi
Recently one of our employees resigned without giving proper notice at a very crucial time of business. He didn't bother to give any reason for resigning and did not listen to our requests to atleast serve one month notice while as per agreement he was required to serve two months.
While calculating his f&f we adjusted short notice period from his payout and credited his f&f within 30 days to his account and also advised him on the withdrawal of his pf amount.
Still he started claiming his full salary and threatened to go to labor court. We asked him to approach the court as we have not done anything wrong.
When he saw the threats aren't working, he sent mail to one of our very imp client that we have wrongfully held his f&f and are not giving his exp and relieving letters.
Please advise if there is any legal clause which restricts ex employees from contacting and involving clients like this to put pressure on company for unreasonable demands.
Regards,
Jyoti Jain
From India, New Delhi
There are no such clauses which stop an ex employee contacting clients etc.
If he speaks or writes incorrect or false facts, he can be sued for defamation.
I am sure the clients of the company will trust the organisation more than an ex employee.
If such concrete news is with you, a cease and desist notice can be considered under proper legal advice.
From India, Pune
3131If he speaks or writes incorrect or false facts, he can be sued for defamation.
I am sure the clients of the company will trust the organisation more than an ex employee.
If such concrete news is with you, a cease and desist notice can be considered under proper legal advice.
From India, Pune
Dear Jyoti,
This is in addition to what Mr Nathrao has said.
When the employee joined the company, you must have issued him the appointment letter. Please provide verbatim of the separation clause mentioned in the appointment letter. I ask these details because most of the companies reserve the right to curtail notice period.
When the employee submitted his resignation letter while giving a reply (acceptance of the resignation), did you mention the requirement to complete the notice period? Did you mention what will happen if he does not fulfil conditions of separation?
For any kind of foolproof action, written records are important and "verbal requests" are no match for the records.
Thanks,
Dinesh Divekar
+91-9900155394
From India, Bangalore
This is in addition to what Mr Nathrao has said.
When the employee joined the company, you must have issued him the appointment letter. Please provide verbatim of the separation clause mentioned in the appointment letter. I ask these details because most of the companies reserve the right to curtail notice period.
When the employee submitted his resignation letter while giving a reply (acceptance of the resignation), did you mention the requirement to complete the notice period? Did you mention what will happen if he does not fulfil conditions of separation?
For any kind of foolproof action, written records are important and "verbal requests" are no match for the records.
Thanks,
Dinesh Divekar
+91-9900155394
From India, Bangalore
Hello,
Thanks for your responses.
Please see out contract clause for Termination:
11. TERMINATION OF CONTRACT
11.1 The Company shall be entitled to terminate the services of the Employee after serving a Notice of one week during the period of probation.
11.2 The Company may terminate this agreement at any time after the probationary period by giving two months notice to the Employee or salary in lieu of the Notice. The company can terminate the contract any time without giving any Notice if the Employee:
11.2.1 commits any material or persistent breach of any of the provisions contained.
11.2.2 be guilty of any default, misconduct or neglect in the discharge of his duties affecting the business of the company
11.3 The Employee shall be entitled to terminate his services with the Company after the completion of the contract period, after serving on the Company a Notice of two months.
The employee in question is blue collared and hence we had not allotted any email id to him and most communication used to happen verbally as he was assigned to a remote site where we did not have an office or HR present.
We had multiple discussions with him regarding his notice period and had requested him to serve one month notice at the least but he had refused.
From India, New Delhi
Thanks for your responses.
Please see out contract clause for Termination:
11. TERMINATION OF CONTRACT
11.1 The Company shall be entitled to terminate the services of the Employee after serving a Notice of one week during the period of probation.
11.2 The Company may terminate this agreement at any time after the probationary period by giving two months notice to the Employee or salary in lieu of the Notice. The company can terminate the contract any time without giving any Notice if the Employee:
11.2.1 commits any material or persistent breach of any of the provisions contained.
11.2.2 be guilty of any default, misconduct or neglect in the discharge of his duties affecting the business of the company
11.3 The Employee shall be entitled to terminate his services with the Company after the completion of the contract period, after serving on the Company a Notice of two months.
The employee in question is blue collared and hence we had not allotted any email id to him and most communication used to happen verbally as he was assigned to a remote site where we did not have an office or HR present.
We had multiple discussions with him regarding his notice period and had requested him to serve one month notice at the least but he had refused.
From India, New Delhi
Please ignore the above clause and refer below:
11. TERMINATION OF CONTRACT
11.1 The Company shall be entitled to terminate the services of the Employee after serving a Notice of 15 days during the period of probation and vice versa.
11.2 The Company may terminate this agreement at any time after the probationary period by giving two months notice to the Employee or salary in lieu of the Notice. The company can terminate the contract any time without giving any Notice if the Employee:
11.2.1 commits any material or persistent breach of any of the provisions contained.
11.2.2 be guilty of any default, misconduct or neglect in the discharge of his duties affecting the business of the company
11.3 The Employee shall be entitled to terminate his services with the Company after the completion of the probation period, after serving on the Company a Notice of two months.
From India, New Delhi
11. TERMINATION OF CONTRACT
11.1 The Company shall be entitled to terminate the services of the Employee after serving a Notice of 15 days during the period of probation and vice versa.
11.2 The Company may terminate this agreement at any time after the probationary period by giving two months notice to the Employee or salary in lieu of the Notice. The company can terminate the contract any time without giving any Notice if the Employee:
11.2.1 commits any material or persistent breach of any of the provisions contained.
11.2.2 be guilty of any default, misconduct or neglect in the discharge of his duties affecting the business of the company
11.3 The Employee shall be entitled to terminate his services with the Company after the completion of the probation period, after serving on the Company a Notice of two months.
From India, New Delhi
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