In my company, we have one employee who left the company after 1 month once he received the salary. can we recover that salary amount from him? The appointment letter says 3-month notice. Any legal way?
From India, Faridabad
From India, Faridabad
Dear Sakshi,
This is a case of abandonment of employment. Nevertheless, you cannot recover the salary paid already. At best, you can send a notice for the recovery of the pay in lieu of not serving the notice period.
You may send the recovery notice signed by the MD of the company to the employee's last known address. Give a proper justification for why is he required to pay the dues and also the breakup of the amount. If the dues are not paid, then you may send a second notice. If you wish to be crooked, then you may send a copy of the notice to the employee's existing employer.
If the dues are not paid, then send a lawyer's notice. If the dues are not paid even after serving a lawyer's notice also, then you are free to file a suit. Anyway, this condition may not arise as most people develop cold feet when they receive a lawyer's notice.
Thanks,
Dinesh Divekar
From India, Bangalore
7884This is a case of abandonment of employment. Nevertheless, you cannot recover the salary paid already. At best, you can send a notice for the recovery of the pay in lieu of not serving the notice period.
You may send the recovery notice signed by the MD of the company to the employee's last known address. Give a proper justification for why is he required to pay the dues and also the breakup of the amount. If the dues are not paid, then you may send a second notice. If you wish to be crooked, then you may send a copy of the notice to the employee's existing employer.
If the dues are not paid, then send a lawyer's notice. If the dues are not paid even after serving a lawyer's notice also, then you are free to file a suit. Anyway, this condition may not arise as most people develop cold feet when they receive a lawyer's notice.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear group member,
Greetings!!
As it's a matter of unauthorised absentism..
I do suggest... please go through the letter of appointment especially absentism...if your company has mentioned the clause..in that Case no matter of any legal action for his act.
After the tenure completed of unauthorised absentism..as an HR personnel you can deemed that he is not intended to continue with your company.
You can take appropriate action in the due course.
Rgds
From India, Mumbai
Greetings!!
As it's a matter of unauthorised absentism..
I do suggest... please go through the letter of appointment especially absentism...if your company has mentioned the clause..in that Case no matter of any legal action for his act.
After the tenure completed of unauthorised absentism..as an HR personnel you can deemed that he is not intended to continue with your company.
You can take appropriate action in the due course.
Rgds
From India, Mumbai
This is a case between a company and an employee. Who is powerful? Company of course. Why then the company wants to trouble an employee who has gone away. He is not interested, hence he went away. A wise employer does not keep a dissatisfied employee even for a day. The employee has gone, let him go. What is his salary? If you file a case, what will be the expenses? Do not consider what will be affected, other employees. Satisfied employees will certainly have a bad opinion about the left employees. Dissatisfied employees will be in the pipeline. Instead, employers should concentrate on forgetting the matter and think about why employees are dissatisfied and leave. Law says the employer cannot recover the amount from the employee, the employer can only insist on service during the notice period. Will the employee work? It is better he left. Think of your company.
Vibhakar Ramtirthkar. Pune
From India, Pune
Vibhakar Ramtirthkar. Pune
From India, Pune
Dear Mr Vibhakar Ramtirthkar,
Nice to see you back in Citehr community. Your contributions to developing the community were significant before the interlude. I hope you will maintain the tempo.
You have suggested letting go of the employee. Your contention is that the organisation should not waste its precious resources in chasing an employee who has left, though unceremoniously.
Nevertheless, if the organisation allows this kind of trend to persist, then anyway, it would incur losses. The sudden exit of the employee hampers the operational continuity. The sudden absence could become the cause of customer dissatisfaction too.
Above all, we cannot allow the organisation to become a stop-gap arrangement. Sooner the employee gets a better opportunity, if he/she is allowed to leave as per his/her wish, then the organisation will reduce to a waiting room of the railway station. To nip this trend in the bud, it is important for the organisation to remove a velvet glove and raise its legal fist. This will send a signal to the employees on the roll on what could happen if they abandon their employment. The legal action need not be aimed at exactly the employee who played truant but also at others by creating a deterrence in their mind.
Communication need not always mean written or oral communication or body language. Many times the management of the company communicates through their actions and decisions. Though invisible, it sends a very strong message to the employees.
For Sakshi Gupta: - Legal action apart, the causes of the sudden exit of the employee merit studying. Was it a case of the wrong hire? Why the newly joined employee could not be engaged with the organisation? Was there any failure on the part of reporting manager or the HOD? Whether the legal action will be taken or not, failure to retain an employee will be an organisation's failure.
Thanks,
Dinesh Divekar
From India, Bangalore
Nice to see you back in Citehr community. Your contributions to developing the community were significant before the interlude. I hope you will maintain the tempo.
You have suggested letting go of the employee. Your contention is that the organisation should not waste its precious resources in chasing an employee who has left, though unceremoniously.
Nevertheless, if the organisation allows this kind of trend to persist, then anyway, it would incur losses. The sudden exit of the employee hampers the operational continuity. The sudden absence could become the cause of customer dissatisfaction too.
Above all, we cannot allow the organisation to become a stop-gap arrangement. Sooner the employee gets a better opportunity, if he/she is allowed to leave as per his/her wish, then the organisation will reduce to a waiting room of the railway station. To nip this trend in the bud, it is important for the organisation to remove a velvet glove and raise its legal fist. This will send a signal to the employees on the roll on what could happen if they abandon their employment. The legal action need not be aimed at exactly the employee who played truant but also at others by creating a deterrence in their mind.
Communication need not always mean written or oral communication or body language. Many times the management of the company communicates through their actions and decisions. Though invisible, it sends a very strong message to the employees.
For Sakshi Gupta: - Legal action apart, the causes of the sudden exit of the employee merit studying. Was it a case of the wrong hire? Why the newly joined employee could not be engaged with the organisation? Was there any failure on the part of reporting manager or the HOD? Whether the legal action will be taken or not, failure to retain an employee will be an organisation's failure.
Thanks,
Dinesh Divekar
From India, Bangalore
The notice period depends on the Appointment letter issued to the employee. Say, during the probation period no notice is required, if it is a stipulated in the probationary offer letter.
For a confirmed employee, a minimum notice period of one month ( basing on the company policy) will be there. The notice period is a part of either appointment letter or the Certified Standing Orders of the company.
From India, Hyderabad
For a confirmed employee, a minimum notice period of one month ( basing on the company policy) will be there. The notice period is a part of either appointment letter or the Certified Standing Orders of the company.
From India, Hyderabad
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Notice of Employee Change.doc