hi all
In my company one Accounts Executive sent her resignation letter by email detailing waht are all pending etc.
she is working more than a year but we have not confirmed her employment.
She has taken her salary as advance before sending the email to us.
My doubt is whether we can take action against her ? what step that have to take.
regards
kantha :roll:
From India, Madras
In my company one Accounts Executive sent her resignation letter by email detailing waht are all pending etc.
she is working more than a year but we have not confirmed her employment.
She has taken her salary as advance before sending the email to us.
My doubt is whether we can take action against her ? what step that have to take.
regards
kantha :roll:
From India, Madras
Dear Kantha,
The employee has already taken her salary as advance. Now the only thing you can hold back is her relieving and experience letter, thats it. Am sure she wont come back to you for any kind of clearance from the company and would be least bothered about the documents too. Such people are not interested in the experience proof documents.
With regards to PF amount you cannot hold it back.
The only suggestion would be 'Be careful next time' when someone asks for Salary advance.
If you want to take action against her... that depends on the company policies if you accept her resignation through personal emails or not. Else you can term the employee status as absconding and terminate her services.
Regards,
Aditi
From India, Mumbai
The employee has already taken her salary as advance. Now the only thing you can hold back is her relieving and experience letter, thats it. Am sure she wont come back to you for any kind of clearance from the company and would be least bothered about the documents too. Such people are not interested in the experience proof documents.
With regards to PF amount you cannot hold it back.
The only suggestion would be 'Be careful next time' when someone asks for Salary advance.
If you want to take action against her... that depends on the company policies if you accept her resignation through personal emails or not. Else you can term the employee status as absconding and terminate her services.
Regards,
Aditi
From India, Mumbai
Hi kantha,
Next time onwards when you r giving loan, pls make sure that you should take two Surety signatures in side the company. In case any employee fail to pay money we can recover that amount from surety persons.
Regards,
P.S.Phani
From India, Bangalore
1Next time onwards when you r giving loan, pls make sure that you should take two Surety signatures in side the company. In case any employee fail to pay money we can recover that amount from surety persons.
Regards,
P.S.Phani
From India, Bangalore
Dear Kantha,
Now on you may also make a trend that the company will not give advance in all the cases , If someone really has a need of money then you should make that person write on paper with two personal references that "The money will be given back to the company" or you have all rights to stop the relieving and experience letter.
If the person comes for the clearance then you may ask either to give one month notice to the company (work with us for 30 days) than get your papers from the Company or give the money back.
OR Stop the Papers (relieving and experience letter)
Regards,
Abhilasha Wilfred
From India, Gurgaon
Now on you may also make a trend that the company will not give advance in all the cases , If someone really has a need of money then you should make that person write on paper with two personal references that "The money will be given back to the company" or you have all rights to stop the relieving and experience letter.
If the person comes for the clearance then you may ask either to give one month notice to the company (work with us for 30 days) than get your papers from the Company or give the money back.
OR Stop the Papers (relieving and experience letter)
Regards,
Abhilasha Wilfred
From India, Gurgaon
Hi,
An unfortunate event but nevertheless a trend thats on the rise.
I feel you need to formulate a policy on advances. Two suretys aside, it will not really help as after the first case there probably will not be anyone who would give a surety. Secondly recovery from a surety is another painful exercise, even if they are employees as it craetes a lot of bad blood. Thus, if at all advances are to be given, one option is to pay an advance for the number of days worked. If advance salary is sought on 10th of a month, give an advance for nine days only. This will also help reduce the number of advances being sought.
She can easily claim her PF. So where does that leave you. A few lessons learnt.
A question, why did the company not confirm her? If probation was extended did you give it in writing to her giving reasons for extension? Was any effort by the company to guide the girl to improve in areas she was weak? Frankly, Kantha, these are reasons why this happens. If the company can cater to the basic issues and make the employee feel good, I guess you would not have such cases.
All the best,
Ajay
From India, New Delhi
An unfortunate event but nevertheless a trend thats on the rise.
I feel you need to formulate a policy on advances. Two suretys aside, it will not really help as after the first case there probably will not be anyone who would give a surety. Secondly recovery from a surety is another painful exercise, even if they are employees as it craetes a lot of bad blood. Thus, if at all advances are to be given, one option is to pay an advance for the number of days worked. If advance salary is sought on 10th of a month, give an advance for nine days only. This will also help reduce the number of advances being sought.
She can easily claim her PF. So where does that leave you. A few lessons learnt.
A question, why did the company not confirm her? If probation was extended did you give it in writing to her giving reasons for extension? Was any effort by the company to guide the girl to improve in areas she was weak? Frankly, Kantha, these are reasons why this happens. If the company can cater to the basic issues and make the employee feel good, I guess you would not have such cases.
All the best,
Ajay
From India, New Delhi
dear Ajay
thanks for the valuable points. to your questions:
1. performance as accounts executive not ok, even regular monthly bills not paid properly - all the depts. has to remember for each payments.
2. even with written warnings she has not improved.
3. As an hr i will not give a chance an employee to exit from my company.
4. because she was so desparate for that advance - the reasons she told me "her mother was not well" i made a foolish decision to sanction her advance.
sometimes we have to listen - i think u will agree with me.
rgds
kantha
From India, Madras
thanks for the valuable points. to your questions:
1. performance as accounts executive not ok, even regular monthly bills not paid properly - all the depts. has to remember for each payments.
2. even with written warnings she has not improved.
3. As an hr i will not give a chance an employee to exit from my company.
4. because she was so desparate for that advance - the reasons she told me "her mother was not well" i made a foolish decision to sanction her advance.
sometimes we have to listen - i think u will agree with me.
rgds
kantha
From India, Madras
Dear Kantha,
So, you have done your bit. I guess its easy to speak in hindsight and as a guy one is probably less emotionally carried away than a lady is, I may have felt bad but still I would have refused the advance from the company. If I was convinced that her case was genuine I may have offered some financial assistance from my own pocket ( a fool and his money are easily parted), and suffered personally. Its happened in the past and will probably it'll happen in the future, but I would have refused her an advance from the company if rules do not permit.
In any case she was nowhere near the desired standard and had failed to improve even after warnings. I agree that termination is the last resort. But there are times when hard decisions have to be taken. Tough call, Kantha.
regards
Ajay
From India, New Delhi
So, you have done your bit. I guess its easy to speak in hindsight and as a guy one is probably less emotionally carried away than a lady is, I may have felt bad but still I would have refused the advance from the company. If I was convinced that her case was genuine I may have offered some financial assistance from my own pocket ( a fool and his money are easily parted), and suffered personally. Its happened in the past and will probably it'll happen in the future, but I would have refused her an advance from the company if rules do not permit.
In any case she was nowhere near the desired standard and had failed to improve even after warnings. I agree that termination is the last resort. But there are times when hard decisions have to be taken. Tough call, Kantha.
regards
Ajay
From India, New Delhi
Kantha
Recently, in one of the seminar we had discussion on this trend. It is growing and it is also legal; Might not be Professional or ethical. So, legally you cannot take any action against her. Only thing that you can do is create some problems in her Full & Final Settlement and not hire her for any position in future.
I hope this will help to some extent.
Regards
Sanjeev Sharma
From India, Mumbai
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