one of my employee left us without resignation and worked in another company for 5 days. He met the gm and requested for him to take him back. i want to send a strong warning to him in this regards. Are there any norms for this.
Dear Sheetal,
On what grounds you want to send him "strong warning"??? Are you thinking of hiring him back and letting him go by a warning.
Without any intention on hiring him back, if you just want to send him enraged response would be waste of time.
During these 5 days did your company have had any conversation with him? How did you find out about his new job, did he tell you? Do you have any written records of such conversation?
At this point of time, your company should be focusing on acquiring back company assets (if any) first and then check if any other dues are incurred on his end, what about intellectual property.
Terminating his employment (referring appointment letter and proofs) or asking him resign will be at management's discretion. Whatever you decide, simply convey it to him in plain English.
From India, Mumbai
14On what grounds you want to send him "strong warning"??? Are you thinking of hiring him back and letting him go by a warning.
Without any intention on hiring him back, if you just want to send him enraged response would be waste of time.
During these 5 days did your company have had any conversation with him? How did you find out about his new job, did he tell you? Do you have any written records of such conversation?
At this point of time, your company should be focusing on acquiring back company assets (if any) first and then check if any other dues are incurred on his end, what about intellectual property.
Terminating his employment (referring appointment letter and proofs) or asking him resign will be at management's discretion. Whatever you decide, simply convey it to him in plain English.
From India, Mumbai
Regarding meeting GM, simply reprimand him saying that company has all the proofs and written records of him being absconding and joining other organisation, moreover the appointment letter has all the clauses which are enough for the company to take legal action if he continues to contact GM regarding the same.
In my suggestion, even if you do not intend to hire him back let him meet the HR manager and have one last word which will satisfy him of having tried and may be later he will not keep contacting GM. During this meeting even HR can convey all the course of actions and dues that needs to be cleared.
From India, Mumbai
In my suggestion, even if you do not intend to hire him back let him meet the HR manager and have one last word which will satisfy him of having tried and may be later he will not keep contacting GM. During this meeting even HR can convey all the course of actions and dues that needs to be cleared.
From India, Mumbai
Dear Sheetal,
You have written that "He met the gm and requested for him to take him back.". But then what GM told him? Will his services be continued or discontinued?
Secondly, howsoever strong worded letter you might write, I recommend you sending it under the signature of your GM. Bypassing you, when worker approached the GM, you were left in lurch as such. If you issue any letter and if the worker refuses to accept it, you will be left in lurch once again. Therefore, it is advisable to keep GM in the loop and take action accordingly.
Lastly, talk to GM and find out whether he is ready to award the worker any punishment for his unauthorised absence. This punishment is on and above forfeiture of the wages for the absentee period.
Thanks,
Dinesh Divekar
From India, Bangalore
You have written that "He met the gm and requested for him to take him back.". But then what GM told him? Will his services be continued or discontinued?
Secondly, howsoever strong worded letter you might write, I recommend you sending it under the signature of your GM. Bypassing you, when worker approached the GM, you were left in lurch as such. If you issue any letter and if the worker refuses to accept it, you will be left in lurch once again. Therefore, it is advisable to keep GM in the loop and take action accordingly.
Lastly, talk to GM and find out whether he is ready to award the worker any punishment for his unauthorised absence. This punishment is on and above forfeiture of the wages for the absentee period.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Sheetal,
Mr.Dinesh has given a proper advise to your query. Giving strong warning etc does not solve your problem. First you decide, whether you require his service in your establishment, forgetting all whatever is happened and accept him in service and give a warning stating that in future if he found absence without leave or unauthorized absence shall result into termination of his services. If not interested you can terminate his services subject to disciplinary action.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
Mr.Dinesh has given a proper advise to your query. Giving strong warning etc does not solve your problem. First you decide, whether you require his service in your establishment, forgetting all whatever is happened and accept him in service and give a warning stating that in future if he found absence without leave or unauthorized absence shall result into termination of his services. If not interested you can terminate his services subject to disciplinary action.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
Has your GM agreed to take him back? Did your GM tell you any thing or give any instruction to take him back? Go step by step after consulting your GM.
From India, Pune
From India, Pune
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