Hi HR Group,
I have a query regarding two of our employees who joined another company without resigning or giving any information. What action should be taken against them? I have put a hold on their salaries, and now they are demanding that we clear their salaries. Other employees have informed me that they have joined somewhere else. Should I draft a letter and send it to their permanent address? Please suggest what actions I should take.
Aniruddh Raulji
From India, Ahmadabad
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I have a query regarding two of our employees who joined another company without resigning or giving any information. What action should be taken against them? I have put a hold on their salaries, and now they are demanding that we clear their salaries. Other employees have informed me that they have joined somewhere else. Should I draft a letter and send it to their permanent address? Please suggest what actions I should take.
Aniruddh Raulji
From India, Ahmadabad
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You should held their salary and clearance certificates. You can send letters to their address also. Actual shame goes to that company in which they joined.
From Bangladesh
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From Bangladesh
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Hi
We don’t have any rights to hold their salary. You have to release the same even though they are not relieved properly. But if you want to take action against them post release the salary you may follow any one of the below.
1. If you know about their newly joined company you may send a letter to the HR about their past employment with you or you may contact them directly or through phone and explain what was happen in the past.this will create a huge impact
2. And the second option is hire a lawyer and go for legal action against them. It may be a lengthy procedure and its should require more attention and time.
These things happen regularly throughout everywhere. Any way don’t give any certificate (Exp/Rel) because its purely management call to giving their certificate. This will impact their carrier not now immediately may be in the future.
Regards
Madhan
From India, Delhi
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28We don’t have any rights to hold their salary. You have to release the same even though they are not relieved properly. But if you want to take action against them post release the salary you may follow any one of the below.
1. If you know about their newly joined company you may send a letter to the HR about their past employment with you or you may contact them directly or through phone and explain what was happen in the past.this will create a huge impact
2. And the second option is hire a lawyer and go for legal action against them. It may be a lengthy procedure and its should require more attention and time.
These things happen regularly throughout everywhere. Any way don’t give any certificate (Exp/Rel) because its purely management call to giving their certificate. This will impact their carrier not now immediately may be in the future.
Regards
Madhan
From India, Delhi
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I do agree with this. But, the queriest needs to take disciplinary action against the employees. The employees are still on the roll of company since they have not resigned. They are to be treated as unauthorized absence without leave.
My advise to queriest is, he should write a letter to the employees and ask them to report the duty with justification of their unauthorized absence. He should frame charges against them, conduct the domestic enquiry and take appropriate disciplinary action againt them.
Those are the basics of HR but unfortunately many HR guys of today with big big designations do not know it. I'm very sorry to say it.
I may be corrected if wrong.
From India, Mumbai
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My advise to queriest is, he should write a letter to the employees and ask them to report the duty with justification of their unauthorized absence. He should frame charges against them, conduct the domestic enquiry and take appropriate disciplinary action againt them.
Those are the basics of HR but unfortunately many HR guys of today with big big designations do not know it. I'm very sorry to say it.
I may be corrected if wrong.
From India, Mumbai
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Hi there,
I hope you have signed appointment letters for both of them. Please go through the terms carefully to see the organization's viewpoint on resignation from services.
I completely agree with Keshav - if it is more than 5-7 days, why did you not start the employee absconding process? If they have still not given a resignation IN WRITING, please issue the first absconding letter. If they return to work, please have a domestic enquiry against them.
Regards,
From India, Mumbai
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I hope you have signed appointment letters for both of them. Please go through the terms carefully to see the organization's viewpoint on resignation from services.
I completely agree with Keshav - if it is more than 5-7 days, why did you not start the employee absconding process? If they have still not given a resignation IN WRITING, please issue the first absconding letter. If they return to work, please have a domestic enquiry against them.
Regards,
From India, Mumbai
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Hi,
You have been correctly advised to issue a notice (letter) to the employee for unauthorized absence from your organization, as the employee continues to be on your rolls. You also have the option to formally charge the employee in the letter if he/she has reportedly joined another organization - mentioning its name, which is also illegal. You should call upon the employee to submit a written explanation. If the explanation is not found satisfactory, you may issue a charge sheet mentioning the charges and set a date for a domestic inquiry.
You can proceed with the inquiry, observing the principles of natural justice.
Cyril
From India, Nagpur
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You have been correctly advised to issue a notice (letter) to the employee for unauthorized absence from your organization, as the employee continues to be on your rolls. You also have the option to formally charge the employee in the letter if he/she has reportedly joined another organization - mentioning its name, which is also illegal. You should call upon the employee to submit a written explanation. If the explanation is not found satisfactory, you may issue a charge sheet mentioning the charges and set a date for a domestic inquiry.
You can proceed with the inquiry, observing the principles of natural justice.
Cyril
From India, Nagpur
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- Notice them through a letter declaring them as absconding and call them to report to your company. Also, state in it asking them to pay the loss incurred due to their absconding. Hold gratuity and notice the same to the PF office. Subsequently, file an absconding complaint with the police. Subsequently, warn them through a legal notice to report to the company and to compensate for the loss; otherwise, civil and criminal cases shall be proceeded with. If they fail to respond to all the above, you are in a safe zone to proceed with legal action against them.
From India, Chennai
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From India, Chennai
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What action will be taken by an employer when an employee serves his resignation during the domestic enquiry against him? I am awaiting your valued advice. Hope you will cooperate with me by providing your valuable advice.
I am a Senior Officer (P&A) of a reputed organization (a Limited Co., Private Co.).
With regards,
Bishnu Dey
Sr. Officer (P&A)
Xpro India Ltd.
Bankura, West Bengal
From India, Durgapur
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I am a Senior Officer (P&A) of a reputed organization (a Limited Co., Private Co.).
With regards,
Bishnu Dey
Sr. Officer (P&A)
Xpro India Ltd.
Bankura, West Bengal
From India, Durgapur
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