Hi everyone,
One of our employees who was in a managerial position left the company by submitting a resignation on the 31st at 6:30 pm and joined another company on the 1st. Some company items such as keys, files, etc., are still in his possession. What actions can be taken against him, and how can we retrieve the company documents from him? According to the agreement, he is required to provide one month's notice period or one month's salary. However, the last salary has not been received.
Regards,
Seema
From India, Madras
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One of our employees who was in a managerial position left the company by submitting a resignation on the 31st at 6:30 pm and joined another company on the 1st. Some company items such as keys, files, etc., are still in his possession. What actions can be taken against him, and how can we retrieve the company documents from him? According to the agreement, he is required to provide one month's notice period or one month's salary. However, the last salary has not been received.
Regards,
Seema
From India, Madras
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Dear Seema,
You should give him a call and ask for the documents he possesses. If he does not cooperate, you can file a case in civil court to retrieve the documents he has taken. If the key is the only issue, then avoid litigation and deduct one month's salary in lieu of notice.
Regards,
JS Malik
From India, Delhi
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174You should give him a call and ask for the documents he possesses. If he does not cooperate, you can file a case in civil court to retrieve the documents he has taken. If the key is the only issue, then avoid litigation and deduct one month's salary in lieu of notice.
Regards,
JS Malik
From India, Delhi
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Dear All, I need your help plz guide me in setting KRA,KPA of Export Executive,Accounts Officer,Chartered Accountant. Plz seniors help me. Regards, Nupur Verma
From India, Ujjain
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From India, Ujjain
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dear create your own query and ask help.who will reply here because you are shooting at worng place.someone is discussing about notice pay query and you are asking KPA. j s malik
From India, Delhi
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From India, Delhi
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Hi You may move to civil court and obtain an injunction against him . Get in touch with a good counsel dealing with service matters. Best Jai
From India
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From India
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Dear Seema,
Action No. 1: You should immediately write to him that he will not be officially relieved until he hands over all the charge.
2. Withhold his payments arising out of settlements.
3. Don't give him an experience/relieving letter.
4. As stated by Mr. Mallik, please take the last resort to move the court.
From India, Mumbai
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Action No. 1: You should immediately write to him that he will not be officially relieved until he hands over all the charge.
2. Withhold his payments arising out of settlements.
3. Don't give him an experience/relieving letter.
4. As stated by Mr. Mallik, please take the last resort to move the court.
From India, Mumbai
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If salary has not yet been deposited, stop the salary and remittance. Also, send a letter to the employee (via registered A.D.) for absconding; this is the first step. After a week, send a second reminder, and if no reply is received after 15 days, issue a termination letter citing the cause and referring to the appointment letter. Additionally, mention the notice period clause in the termination letter.
Subsequently, in the full and final settlement, recover all costs and send the settlement details via registered A.D., requesting a Demand Draft or Cheque for the due amount. If the employee does not repay, then legal action can be pursued.
From India, Pune
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Subsequently, in the full and final settlement, recover all costs and send the settlement details via registered A.D., requesting a Demand Draft or Cheque for the due amount. If the employee does not repay, then legal action can be pursued.
From India, Pune
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Agree with Mr. J. S. Malik. Only immature or low-level employees will normally do this. Normally, a phone call will resolve the issue. In some cases, if you are aware of his new employer, you may also inform him or his HR (but before that, do try one-to-one with the employee).
From India, Delhi
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From India, Delhi
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You could send a letter stating that he is not relieved and mention the items which were under his custody, giving him time to hand over the same. If need be, you could state in the letter that if the material under his custody is not returned, you would initiate action including lodging a police complaint. You have another option of marking a copy to his present employer. All others, including holding his salary and not issuing a relieving letter, you could do so. P. Hari8-)
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Dear Seema,
The first question arises: has the resignation letter been accepted or not?
If not accepted, you would have to write to him that his resignation letter is not accepted, and he shall be declared absconding if he does not resume duties within a specific time frame. Also, you have to mention therein that he is absconding with Company property, and the Company would initiate criminal proceedings against him if he fails to return them. Additionally, you would have to mention therein that he shall not be relieved from the services and no relieving letter would be issued.
Secondly, please check and confirm the terms and conditions of the employee's Appointment Letter. It would resolve most of your queries. If the employee has not served his Notice period, you have the right to invoke the same and claim money from him.
Thirdly, if he does not join or return the documents, write a letter to his new employer, putting forward the true facts.
If the documents and other things in the custody of the said employee are important, then file an FIR.
From India, Pune
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The first question arises: has the resignation letter been accepted or not?
If not accepted, you would have to write to him that his resignation letter is not accepted, and he shall be declared absconding if he does not resume duties within a specific time frame. Also, you have to mention therein that he is absconding with Company property, and the Company would initiate criminal proceedings against him if he fails to return them. Additionally, you would have to mention therein that he shall not be relieved from the services and no relieving letter would be issued.
Secondly, please check and confirm the terms and conditions of the employee's Appointment Letter. It would resolve most of your queries. If the employee has not served his Notice period, you have the right to invoke the same and claim money from him.
Thirdly, if he does not join or return the documents, write a letter to his new employer, putting forward the true facts.
If the documents and other things in the custody of the said employee are important, then file an FIR.
From India, Pune
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