Dear Professionals,
We have observe that our two employees are searching a job on job portal and not concentrate on their work task, we have come to know that they are planning to left the job after taking salary as they both are freshers they just work since 7 to 8 month, as per terms and condition mention in their appointment letter it is necessary to serve one month notice if they want to left the job. In this case if they left the job after getting salary on 1st august, how can we recover notice pay in this case or is their any other remedies to delay their salaries or sign employment bond. is their any ideas to prevent loss to recover notice pay if they abscond
From India, Nashik
We have observe that our two employees are searching a job on job portal and not concentrate on their work task, we have come to know that they are planning to left the job after taking salary as they both are freshers they just work since 7 to 8 month, as per terms and condition mention in their appointment letter it is necessary to serve one month notice if they want to left the job. In this case if they left the job after getting salary on 1st august, how can we recover notice pay in this case or is their any other remedies to delay their salaries or sign employment bond. is their any ideas to prevent loss to recover notice pay if they abscond
From India, Nashik
dear professionals,
If we have an idea that some employees are planning to abscond after getting their salary without any expectation of experience and reliving letter because they are fresher, as per terms and condition mention in their appointment letter they have to serve one month notice period if they want to leave on the basis of this terms and condition mention in appointment letter can we demand their resignation to avoid loss of notice pay recovery, pls advice
Regards
Dinesh.
From India, Nashik
If we have an idea that some employees are planning to abscond after getting their salary without any expectation of experience and reliving letter because they are fresher, as per terms and condition mention in their appointment letter they have to serve one month notice period if they want to leave on the basis of this terms and condition mention in appointment letter can we demand their resignation to avoid loss of notice pay recovery, pls advice
Regards
Dinesh.
From India, Nashik
Let me take it like this. There is an apprehension that a few of your employees joined recently are expected to leave the company without notice. before they leave, can the employer demand their resignation? Right? Before going further we should refer to the terms and conditions of employment. In some cases, there will be a probation clause which will say that "during probation the service shall be terminated without assigning any reason and without notice". If this clause is there and if you feel that the employee is not concentrating in his job but is trying to find another job, then terminate him immediately citing the clause in the appointment order. Now, if you have a notice during probation also, then give him a notice that his service will stand terminated on, say one month since the date of letter. That will be legally okay.
If you ask the employee to resign, then it can lead to other issues because an employer is not expected to demand resignation and demanding resignation will be construed as forced resignation which is illegal. Therefore, it is better you avoid it. But you can very well terminate an employee with or without notice depending upon the terms of service. Again, just an apprehension that he may leave after collecting salary is not a ground for termination. But if his attitude shows that he may not continue, then there should be some negligence in work, late coming, leave etc to establish that he is not performing and that can be a ground for termination.
From India, Kannur
4243If you ask the employee to resign, then it can lead to other issues because an employer is not expected to demand resignation and demanding resignation will be construed as forced resignation which is illegal. Therefore, it is better you avoid it. But you can very well terminate an employee with or without notice depending upon the terms of service. Again, just an apprehension that he may leave after collecting salary is not a ground for termination. But if his attitude shows that he may not continue, then there should be some negligence in work, late coming, leave etc to establish that he is not performing and that can be a ground for termination.
From India, Kannur
I think I have just responded to a similar query, probably from you only. You cannot hold the salary just because they would leave if they have salary in their bank accounts. But if you feel that they are planning to leave without serving notice period, then you should call them to your cabin and tell them that they are not performing and the management would like to terminate them. Also tell that if they leave without notice, they will not be given exit from PF portals and that would make their career miserable. (Per se, you should not do it but you can use these weapons to prevent the employees falling down)
From India, Kannur
From India, Kannur
Hi,
It is a common scenario across industries but not limited to Freshers. In this scenario you cannot hold their salary as they have not officially informed you about their plan of separation.
What you can do is just pretend that you are not aware of anything call one by one for discussion. Just talk to them formally about their training experience with your Company so for. During the discussion just brief them about the scope of growth with the Company, about the importance notice period during separation, impact of absconding without information etc. Highlight about future BGV process , PF exit date etc.
As a permanent solution you may plan for salary by second transfer for trainees at least for 6 months to 1 year. Say on 9th or 10th .. so that they will get salary second week of every month there by some cushion you will have to forfeit. Salary to be paid on or before 7th statutory requirement are there... but no other go.
As a permanent solution if your Trainees are undergoing training using software's which involves license and training cost then you may enter into training agreement at the time of joining itself. Set expectations like minimum 1 year or two year. But even then some will tend to leave. So identify the root cause why they are leaving, whether their starting salary is on par with industry norms, whether nature of training involves stress, their work hours whether reasonable or over loaded etc. Conduct regular one to one sessions, get feedback regularly, project positive things about the Company in a bigger way, appreciate even trivial achievements of the employees.
From India, Madras
It is a common scenario across industries but not limited to Freshers. In this scenario you cannot hold their salary as they have not officially informed you about their plan of separation.
What you can do is just pretend that you are not aware of anything call one by one for discussion. Just talk to them formally about their training experience with your Company so for. During the discussion just brief them about the scope of growth with the Company, about the importance notice period during separation, impact of absconding without information etc. Highlight about future BGV process , PF exit date etc.
As a permanent solution you may plan for salary by second transfer for trainees at least for 6 months to 1 year. Say on 9th or 10th .. so that they will get salary second week of every month there by some cushion you will have to forfeit. Salary to be paid on or before 7th statutory requirement are there... but no other go.
As a permanent solution if your Trainees are undergoing training using software's which involves license and training cost then you may enter into training agreement at the time of joining itself. Set expectations like minimum 1 year or two year. But even then some will tend to leave. So identify the root cause why they are leaving, whether their starting salary is on par with industry norms, whether nature of training involves stress, their work hours whether reasonable or over loaded etc. Conduct regular one to one sessions, get feedback regularly, project positive things about the Company in a bigger way, appreciate even trivial achievements of the employees.
From India, Madras
This can be a difficult situation for any employer, especially if the employees are freshers who have not completed their probation period. Here are some possible ways to deal with this issue:
- First of all, you should try to communicate with your employees and find out the reason why they are looking for another job. Maybe they are not satisfied with their work environment, salary, benefits, or career growth opportunities. You can try to address their grievances and offer them some incentives or recognition to retain them. Sometimes, a simple conversation can make a difference and prevent employee turnover.
- Secondly, you should review your employment contract and policies and make sure that they are clear and enforceable. If your contract states that the employees have to serve a one-month notice period before leaving the job, then you have the right to recover the notice pay from them if they abscond. You can also withhold their salary or any other dues until they complete their notice period or pay the compensation. However, you should not delay their salaries or sign an employment bond without their consent, as this may be illegal or unethical.
- Thirdly, you should send them a legal notice if they abscond without serving the notice period or paying the compensation. You can hire a lawyer or use an online service to draft and send a legal notice to them. A legal notice will inform them of the consequences of their breach of contract and warn them of the legal action that you may take against them. You can also demand them to return any company property or confidential information that they may have in their possession.
- Fourthly, you should take legal action against them if they do not respond to your legal notice or comply with your demands. You can file a civil suit in the court of law and claim damages for the loss caused by their absconding. You can also seek an injunction to restrain them from joining any competitor or disclosing any trade secrets. However, you should be prepared for the time and cost involved in pursuing a legal case and weigh the pros and cons of doing so.
I hope this helps you in dealing with your employees who are planning to abscond.
Regards,
Krishna Vishwakarma
Hr-Executive
From India, Pune
- First of all, you should try to communicate with your employees and find out the reason why they are looking for another job. Maybe they are not satisfied with their work environment, salary, benefits, or career growth opportunities. You can try to address their grievances and offer them some incentives or recognition to retain them. Sometimes, a simple conversation can make a difference and prevent employee turnover.
- Secondly, you should review your employment contract and policies and make sure that they are clear and enforceable. If your contract states that the employees have to serve a one-month notice period before leaving the job, then you have the right to recover the notice pay from them if they abscond. You can also withhold their salary or any other dues until they complete their notice period or pay the compensation. However, you should not delay their salaries or sign an employment bond without their consent, as this may be illegal or unethical.
- Thirdly, you should send them a legal notice if they abscond without serving the notice period or paying the compensation. You can hire a lawyer or use an online service to draft and send a legal notice to them. A legal notice will inform them of the consequences of their breach of contract and warn them of the legal action that you may take against them. You can also demand them to return any company property or confidential information that they may have in their possession.
- Fourthly, you should take legal action against them if they do not respond to your legal notice or comply with your demands. You can file a civil suit in the court of law and claim damages for the loss caused by their absconding. You can also seek an injunction to restrain them from joining any competitor or disclosing any trade secrets. However, you should be prepared for the time and cost involved in pursuing a legal case and weigh the pros and cons of doing so.
I hope this helps you in dealing with your employees who are planning to abscond.
Regards,
Krishna Vishwakarma
Hr-Executive
From India, Pune
Whatever Krishna has suggested are solutions which involves time and not practical due to various reasons. You cannot send a communication on the ground that someone is looking for a job. This is because decision to stay with one employer is a personal decision and you (employer) cannot question it. Certainly, once the employee has decided to leave, you can ask why did he take that decision so that the negativity in the work culture can be removed, if possible. One to one personal interactions or generally called employee satisfaction survey, as suggested is time consuming. Moreover, the same is not always conclusive because many will not reveal the facts.
Reviewing thee employment contracts to make the same more enforceable is a policy decision that the management should take. I have pointed out certain common errors in the appointment orders and ways to enforce the conditions of service legally in another thread, probably by the same author. Please see the link
https://www.citehr.com/642111-demand-resignation-employee-if-they-planning-obscond.html
Sending legal notice for 'absconding' is not legally not possible if the employee concerned is a workman coming under the Industrial Disputes Act because in respect of employees who are not managers or supervisors or simply employees to whom no other employee is reporting, the provisions of the said Act will apply and if you peruse the Act, there is nothing in the Act will says that an employee should serve notice to leave the employer though it is mandatory on the part of the employer to give notice if he wishes to terminate an employee. In the case of a manager also the act of filing writ etc is time consuming and expensive. I don't think that you would be able to recover the notice pay from any employee who has just abandoned the job by sending legal notice etc. True, you can follow some unethical practices of holding marking exit in the PF portal, giving negative remarks in background verification etc.
How can you get an injunction from the court (High Court) restricting the employee from joining another organisation. That is illegal because right to work is a fundamental right and you cannot say that an employee should remain with him only and should not join another company. Though the act of not marking exit in the PF portal or giving negative remarks in background verification etc are some of the HR practices being followed currently, the same are also bad in law. Then how can you get an injunction???
From India, Kannur
Reviewing thee employment contracts to make the same more enforceable is a policy decision that the management should take. I have pointed out certain common errors in the appointment orders and ways to enforce the conditions of service legally in another thread, probably by the same author. Please see the link
https://www.citehr.com/642111-demand-resignation-employee-if-they-planning-obscond.html
Sending legal notice for 'absconding' is not legally not possible if the employee concerned is a workman coming under the Industrial Disputes Act because in respect of employees who are not managers or supervisors or simply employees to whom no other employee is reporting, the provisions of the said Act will apply and if you peruse the Act, there is nothing in the Act will says that an employee should serve notice to leave the employer though it is mandatory on the part of the employer to give notice if he wishes to terminate an employee. In the case of a manager also the act of filing writ etc is time consuming and expensive. I don't think that you would be able to recover the notice pay from any employee who has just abandoned the job by sending legal notice etc. True, you can follow some unethical practices of holding marking exit in the PF portal, giving negative remarks in background verification etc.
How can you get an injunction from the court (High Court) restricting the employee from joining another organisation. That is illegal because right to work is a fundamental right and you cannot say that an employee should remain with him only and should not join another company. Though the act of not marking exit in the PF portal or giving negative remarks in background verification etc are some of the HR practices being followed currently, the same are also bad in law. Then how can you get an injunction???
From India, Kannur
Dear Dinesh Padwale,
In the recent past, your company employed freshly passed graduates. You have got wind of the news that they are searching for a job and most probably they will abscond after taking their salary on 1st August. Considering their present and future acts of misconduct, you wish to be proactive and take action. Learned members have given their replies. However, none of the replies falls within the purview of "HR Management" but erstwhile "Personnel Management".
If the freshly employed college graduates have started looking for a job, then you need to ask the following questions:
a) Why have the employees developed distaste toward the company? What are the compelling reasons?
b) Is it a recruitment failure? Have you selected the wrong people? Now rather than taking the blame upon yourself, are you penalising the people?
c) What is the role of the reporting manager or HOD in retaining employees? Does he/she treat them well? Is there brazenness in the manager's behaviour?
d) Did you conduct a stay interview after 30-60-90 days of their stay? Did anyone understand what was going on in their mind?
While you may initiate the strictest of the strict disciplinary action, it cannot alter the ground realities. Your company will have to face this challenge forever. This could be an issue of an organisation's culture but by blaming the employees you are pushing the issue under the carpet. Therefore, the incident merits introspection at the organisational level.
Feedback on the quality of your post: - Well, gentleman, your post is far from satisfactory. If the members of the HR fraternity, who work in professional companies were to read your post, then they will keep off the forum. A few senior members with whom I am in touch expressed their dismay and anguish over the juniors' tendency to bask in the low-quality writing.
You need to learn the tenses of the English language and other rules of grammar as early as possible. Blaming yourself for studying in a vernacular language medium, if you wallow in your weaknesses, in this competitive world, you could get relegated sooner than later. Whether to stay ahead in competition or lose out to others is a call that you need to take on priority.
Thanks,
Dinesh Divekar
From India, Bangalore
In the recent past, your company employed freshly passed graduates. You have got wind of the news that they are searching for a job and most probably they will abscond after taking their salary on 1st August. Considering their present and future acts of misconduct, you wish to be proactive and take action. Learned members have given their replies. However, none of the replies falls within the purview of "HR Management" but erstwhile "Personnel Management".
If the freshly employed college graduates have started looking for a job, then you need to ask the following questions:
a) Why have the employees developed distaste toward the company? What are the compelling reasons?
b) Is it a recruitment failure? Have you selected the wrong people? Now rather than taking the blame upon yourself, are you penalising the people?
c) What is the role of the reporting manager or HOD in retaining employees? Does he/she treat them well? Is there brazenness in the manager's behaviour?
d) Did you conduct a stay interview after 30-60-90 days of their stay? Did anyone understand what was going on in their mind?
While you may initiate the strictest of the strict disciplinary action, it cannot alter the ground realities. Your company will have to face this challenge forever. This could be an issue of an organisation's culture but by blaming the employees you are pushing the issue under the carpet. Therefore, the incident merits introspection at the organisational level.
Feedback on the quality of your post: - Well, gentleman, your post is far from satisfactory. If the members of the HR fraternity, who work in professional companies were to read your post, then they will keep off the forum. A few senior members with whom I am in touch expressed their dismay and anguish over the juniors' tendency to bask in the low-quality writing.
You need to learn the tenses of the English language and other rules of grammar as early as possible. Blaming yourself for studying in a vernacular language medium, if you wallow in your weaknesses, in this competitive world, you could get relegated sooner than later. Whether to stay ahead in competition or lose out to others is a call that you need to take on priority.
Thanks,
Dinesh Divekar
From India, Bangalore
Hi Dinesh,
Regarding your query, if the terms and conditions in the appointment letter clearly state that employees need to serve a one-month notice period before leaving, you can request their resignation to avoid the loss of notice pay recovery. However, it's essential to handle such situations carefully and follow the company's policies and local labor laws.
From India, Bhubaneswar
Regarding your query, if the terms and conditions in the appointment letter clearly state that employees need to serve a one-month notice period before leaving, you can request their resignation to avoid the loss of notice pay recovery. However, it's essential to handle such situations carefully and follow the company's policies and local labor laws.
From India, Bhubaneswar
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