Dear Seniors,
I am working as an HR Executive in a small IT company. On 21st August 2015, an employee mailed a resignation stating he could not continue with the company as he has got some other good opportunity and he cannot serve the notice period (2 months). I strictly told him that he has to serve the notice period; otherwise, the company is not going to provide him with any relieving letter or experience letter. Then, on the same day, he asked me to withdraw his resignation.
On 26th August 2015, he applied for 4 days leave, i.e., 4th Sep, 5th Sep, 6th Sep, and 7th Sep (8th and 9th were Sat & Sun). Now, the 7th of every month is our salary day. On 9th Sep 2015, after getting his salary credited, he again mailed me a resignation letter stating he cannot continue because of some personal reasons and mentioned his last day of working will be 10th Sep 2015. However, he did not turn up on 10th Sep either. Later, through some references and social media, I got to know that he has moved to China and is working with some other company.
Now, please let me know what legal actions can be taken against him since some intellectual and physical assets of the company are also lying with him.
I really need your help.
From India
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I am working as an HR Executive in a small IT company. On 21st August 2015, an employee mailed a resignation stating he could not continue with the company as he has got some other good opportunity and he cannot serve the notice period (2 months). I strictly told him that he has to serve the notice period; otherwise, the company is not going to provide him with any relieving letter or experience letter. Then, on the same day, he asked me to withdraw his resignation.
On 26th August 2015, he applied for 4 days leave, i.e., 4th Sep, 5th Sep, 6th Sep, and 7th Sep (8th and 9th were Sat & Sun). Now, the 7th of every month is our salary day. On 9th Sep 2015, after getting his salary credited, he again mailed me a resignation letter stating he cannot continue because of some personal reasons and mentioned his last day of working will be 10th Sep 2015. However, he did not turn up on 10th Sep either. Later, through some references and social media, I got to know that he has moved to China and is working with some other company.
Now, please let me know what legal actions can be taken against him since some intellectual and physical assets of the company are also lying with him.
I really need your help.
From India
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Dear Kalyani,
From the HR standpoint, the employee has absconded from his duties and is in possession of company assets. While for absconding, you may generate proof from the attendance records, what about the assets that your company has provided to him? Do you have material evidence of the possession of the assets?
Send a notice for his absence from duties to his last known address. If he does not respond, order a domestic enquiry and send him a notice to depose before the enquiry. If he still does not respond, then conduct a separate enquiry and find out what company-owned property he has purloined. If the employee has not returned the valuable property, then you may lodge a police complaint.
In the meanwhile, through social media, find out where he works. If you wish to teach him a real lesson, then send a copy of the notices to his official address in China. Send a separate letter to his MD stating that he has separated from the company without fulfilling the terms of employment. If you lodge a police complaint, then you may provide this address to the police authorities as well. They may pursue the case through the Indian embassy or consulate in China.
Thanks,
Dinesh Divekar
From India, Bangalore
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8218From the HR standpoint, the employee has absconded from his duties and is in possession of company assets. While for absconding, you may generate proof from the attendance records, what about the assets that your company has provided to him? Do you have material evidence of the possession of the assets?
Send a notice for his absence from duties to his last known address. If he does not respond, order a domestic enquiry and send him a notice to depose before the enquiry. If he still does not respond, then conduct a separate enquiry and find out what company-owned property he has purloined. If the employee has not returned the valuable property, then you may lodge a police complaint.
In the meanwhile, through social media, find out where he works. If you wish to teach him a real lesson, then send a copy of the notices to his official address in China. Send a separate letter to his MD stating that he has separated from the company without fulfilling the terms of employment. If you lodge a police complaint, then you may provide this address to the police authorities as well. They may pursue the case through the Indian embassy or consulate in China.
Thanks,
Dinesh Divekar
From India, Bangalore
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Very comprehensive & copact suggestions given by Mr. Divesh Divekar. Steps need to be initiated against such errant officers who are willingly dreaming that no actions will happen.
From India, Bangalore
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From India, Bangalore
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I work as an expatriate HR head and keep interacting with the embassies in a few countries where we are located. Going to the embassy is not a solution, and the embassy will not take up the issue unless and until there is a court judgment. There is no extradition treaty between India and China, and there is nothing much the embassy can do. At most, they will send a letter to the company concerned, and the letter would end up in the dustbin. Writing directly to the employer may or may not yield results because, in most cases for positions abroad, the employer himself may have suggested that no relieving order is required. The reason being, for expatriate positions to be filled, a vacancy must first arise. Then a quota has to be obtained from the government. After selecting the candidate, the profile has to be sent to the immigration department of the country to obtain clearance for a work permit. These are time-consuming processes, and the employer would require the skills urgently. Therefore, most companies do not prioritize relieving letters or background verification, as long as the expatriate is competent.
Have you ever received a letter for background verification from any of the ASEAN countries, Middle East, or Africa? No, not unless they are top-class multinationals with robust systems, processes, and strong ethics.
Now the issue is, what can you practically do about it? You may first email him asking for the return of the company assets. If there is a record of him receiving the assets, he would send it across through someone. Also, send a letter by registered post with acknowledgment due to his last known residence. If you do not have records, then you will have to wait for his response stating that he will hand it over. That would serve as evidence. If he does not respond or denies your mail, there is not much you can do. If he states that he will hand it over within a timeframe, you could set a deadline. If he does not comply, and if you have evidence, file a case for recovery against him. A First Information Report (FIR) will not lead to a conclusive decision because the police report will only state that he is not at his last known address. No action can be taken based solely on an FIR, and the police will not act unless they hear his side of the story as well.
However, if you file a case of recovery, it is more likely that the judgment would be delivered ex parte. With the judgment in hand, you can ask the police to execute it. The police will then issue an alert to the immigration authorities. If he enters India, the alert will ensure that he is apprehended at immigration. He would likely settle the notice period salary and return the assets to resolve the case quickly, as the alert will remain until the case is resolved. Removing an alert is a lengthy process in India and would serve as a punishment in itself because his employer will not wait for him indefinitely. Remember that the company assets in question must have significant value. Just listing items like a laptop, stapler, etc., will not yield results. If it is a laptop, it should contain classified company data, exclusive software, etc. Be prepared to anticipate and act against any attempts to deceive, as illustrated by a past case where an employee claimed his laptop was lost while being abroad and proposed to pay the depreciated value. A deceptive individual will be outwitted easily.
About 25 years ago, I used to work for one of the largest FMCG MNCs in Bangalore. I was sent to XLRI to conduct the first round of interviews in the campus placements. The Head of HR was arriving the next day for the final interview. My Head of HR instructed me to socialize informally with the students and identify the biggest truants in the batch. To my surprise, he selected all of them. Today, they are all heading HR departments in some of the best corporations worldwide.
Hope this information helps.
From United+States, San+Francisco
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Have you ever received a letter for background verification from any of the ASEAN countries, Middle East, or Africa? No, not unless they are top-class multinationals with robust systems, processes, and strong ethics.
Now the issue is, what can you practically do about it? You may first email him asking for the return of the company assets. If there is a record of him receiving the assets, he would send it across through someone. Also, send a letter by registered post with acknowledgment due to his last known residence. If you do not have records, then you will have to wait for his response stating that he will hand it over. That would serve as evidence. If he does not respond or denies your mail, there is not much you can do. If he states that he will hand it over within a timeframe, you could set a deadline. If he does not comply, and if you have evidence, file a case for recovery against him. A First Information Report (FIR) will not lead to a conclusive decision because the police report will only state that he is not at his last known address. No action can be taken based solely on an FIR, and the police will not act unless they hear his side of the story as well.
However, if you file a case of recovery, it is more likely that the judgment would be delivered ex parte. With the judgment in hand, you can ask the police to execute it. The police will then issue an alert to the immigration authorities. If he enters India, the alert will ensure that he is apprehended at immigration. He would likely settle the notice period salary and return the assets to resolve the case quickly, as the alert will remain until the case is resolved. Removing an alert is a lengthy process in India and would serve as a punishment in itself because his employer will not wait for him indefinitely. Remember that the company assets in question must have significant value. Just listing items like a laptop, stapler, etc., will not yield results. If it is a laptop, it should contain classified company data, exclusive software, etc. Be prepared to anticipate and act against any attempts to deceive, as illustrated by a past case where an employee claimed his laptop was lost while being abroad and proposed to pay the depreciated value. A deceptive individual will be outwitted easily.
About 25 years ago, I used to work for one of the largest FMCG MNCs in Bangalore. I was sent to XLRI to conduct the first round of interviews in the campus placements. The Head of HR was arriving the next day for the final interview. My Head of HR instructed me to socialize informally with the students and identify the biggest truants in the batch. To my surprise, he selected all of them. Today, they are all heading HR departments in some of the best corporations worldwide.
Hope this information helps.
From United+States, San+Francisco
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Hello Kalyani,
The anonymous member is right—no point going to embassies for such issues unless it goes through the MEA, and you can surmise the practicality of this step for such an issue. The other steps suggested by Dinesh Divekar should be able to stop this guy in his tracks. Obviously, he calculated his moves well by taking back the resignation and waiting for his salary.
You can also post your messages on his social media pages as well as track his followers and post updates—the basic idea being to put him in a spot openly. However, take legal advice before going forward, in case you wish to. The fact that he has company material can be leveraged very well legally.
You haven't mentioned this guy's role/position. Since you say he has two Android phones, I presume he is in some client-facing role. If true, suggest checking if any damage has been done on that front too.
Regards,
TS
From India, Hyderabad
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The anonymous member is right—no point going to embassies for such issues unless it goes through the MEA, and you can surmise the practicality of this step for such an issue. The other steps suggested by Dinesh Divekar should be able to stop this guy in his tracks. Obviously, he calculated his moves well by taking back the resignation and waiting for his salary.
You can also post your messages on his social media pages as well as track his followers and post updates—the basic idea being to put him in a spot openly. However, take legal advice before going forward, in case you wish to. The fact that he has company material can be leveraged very well legally.
You haven't mentioned this guy's role/position. Since you say he has two Android phones, I presume he is in some client-facing role. If true, suggest checking if any damage has been done on that front too.
Regards,
TS
From India, Hyderabad
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You should put up a message to him, even through social media, asking him to return company stuff. Such employees are better off working somewhere else. If he returns the company stuff in good condition, forget about him and let him enjoy in China. He will get caught in his own smart acts. The company is better off without having employees who are not faithful to the organization. Whatever the matter may be, analyze where the company has gone wrong in dealing with these kinds of employees. He smartly applied for leave just before his salary day and after getting salary exited. What the anonymous member has written makes good sense. Since the appreciate button is missing, I have written my appreciation here.
From India, Pune
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From India, Pune
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