Hi Team, We are in the Gaming IT industry, It’s a startup too. If a senior employee breaches the employee agreement contract what would be the cause? How can we manage that?
From India, Ernakulam
Acknowledge(0)
Amend(0)
3From India, Ernakulam
Acknowledge(0)Amend(0)
Dear Sheeba, What has happened exactly? In what way the contract was breached? Please provide the details. Thanks, Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
The employee suddenly come and inform she got another chance, its a immediate joining she has to report to the company very next day. So she out her resignation What should i do in this case
From India, Ernakulam
Acknowledge(0)Amend(0)
From India, Ernakulam
Acknowledge(0)Amend(0)
Dear Sheeba,
Have you mentioned the terms and conditions of separation in the appointment letter? If yes, then what are those? If she has not fulfilled those conditions, then you may send her an official letter stating that her resignation is not accepted. You may write that "as per the provisions of paragraph No ______ of the appointment letter dated _____ issued to you, you are required to complete a notice period of ____ days. If you do not report for your duties, then it will be considered that you have abandoned your duties, and appropriate disciplinary action will be initiated against you".
Send her the hard copy of the letter by Speed Post. Keep the duplicate copy with you. Keep the receipt from the post office also with you. Scan the duplicate copy along with the post office receipt, send it by email to her.
If the employee does not report for her duties, then send one more official letter. This time, you may mark a copy of the letter to the MD of her company.
Let us see what happens when you complete all the above actions.
By the way, while seeking advice from the seniors, it is pertinent to give the background of the case. It speaks poorly of HR or any other professional to write curt posts and seek advice.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Have you mentioned the terms and conditions of separation in the appointment letter? If yes, then what are those? If she has not fulfilled those conditions, then you may send her an official letter stating that her resignation is not accepted. You may write that "as per the provisions of paragraph No ______ of the appointment letter dated _____ issued to you, you are required to complete a notice period of ____ days. If you do not report for your duties, then it will be considered that you have abandoned your duties, and appropriate disciplinary action will be initiated against you".
Send her the hard copy of the letter by Speed Post. Keep the duplicate copy with you. Keep the receipt from the post office also with you. Scan the duplicate copy along with the post office receipt, send it by email to her.
If the employee does not report for her duties, then send one more official letter. This time, you may mark a copy of the letter to the MD of her company.
Let us see what happens when you complete all the above actions.
By the way, while seeking advice from the seniors, it is pertinent to give the background of the case. It speaks poorly of HR or any other professional to write curt posts and seek advice.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Basically, you can do nothing. If she decides not to work for you, you can't force her to remain. In reality, you can't even force her to complete her notice period (if you have issued proper appointment letters and have HR rules, etc).
At best, you can ask for compensation for notice pay and breach of agreement. Since you have not given any details of the agreement, I can't comment further.
Any legal action is mostly a waste of time and money.
Just realize that people are like that. At most, you can give a bad review in a BGV.
From India, Mumbai
Acknowledge(0)Amend(0)
At best, you can ask for compensation for notice pay and breach of agreement. Since you have not given any details of the agreement, I can't comment further.
Any legal action is mostly a waste of time and money.
Just realize that people are like that. At most, you can give a bad review in a BGV.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Colleague,
This is the reality of the employment market where:
- some talents get the offer but do not join,
- some talents receive the offer, accept it, keep it until the joining date, then on the day of joining, switch off their mobile and do not respond,
- some talents join and then vanish in the next few days and later become untraceable,
- some talents work for a few months and leave without any reasons,
- some talents work for less than a year and then leave. These occurrences are common in junior and middle-level positions, very common in the industry.
In the workplace, we come across many such incidents. In the absence of a robust mechanism to provide insulation against such incidents, we need to only LIVE WITH IT.
When some senior-level talents also behave in a similar fashion, even though initially the person in charge may feel their blood boil for some time, feeling dejected, upset, and so on, it will only impact their own health as not much can be done to repair it.
Such instances show a lack of values in individuals who abruptly leave any organization for reasons like a little higher pay or a higher position in the next offer.
Just take a moment to check and introspect on what really triggered such sudden departures even before understanding the organization. Identify any internal factors that may not be conducive and correct them.
You may also want to review your hiring process for senior-level talents and establish a robust system for identifying the right talents with the required work skills, mental abilities, personality factors, and values that align with the organization's culture. Focus on each talent before issuing an offer at the senior level, making sure they are the talent the management is looking for.
Legal remedies for such instances are time and cost involving, and the results or outcomes may not be as expected. If the factor is external to the organization and the departing talent is solely at fault, send a strong letter expressing the breach of the appointment order and lack of decorum in their behavior. Consider delisting them from re-hiring in the organization and have your say if any background verification or reference inquiries come your way.
When someone is not willing to work with an organization, there is no point in forcing or taking legal actions or notices, as they are all futile in nature. It is akin to a marriage where both parties must have whole-hearted bonding. If that is missing, the management should boldly state, "You are not needed for my organization, and I will bring in a more competent person in your place." Only then can the business run smoothly, as no one is indispensable in any organization. Look forward and move ahead, ignoring such talents.
From India, Chennai
Acknowledge(0)Amend(0)
This is the reality of the employment market where:
- some talents get the offer but do not join,
- some talents receive the offer, accept it, keep it until the joining date, then on the day of joining, switch off their mobile and do not respond,
- some talents join and then vanish in the next few days and later become untraceable,
- some talents work for a few months and leave without any reasons,
- some talents work for less than a year and then leave. These occurrences are common in junior and middle-level positions, very common in the industry.
In the workplace, we come across many such incidents. In the absence of a robust mechanism to provide insulation against such incidents, we need to only LIVE WITH IT.
When some senior-level talents also behave in a similar fashion, even though initially the person in charge may feel their blood boil for some time, feeling dejected, upset, and so on, it will only impact their own health as not much can be done to repair it.
Such instances show a lack of values in individuals who abruptly leave any organization for reasons like a little higher pay or a higher position in the next offer.
Just take a moment to check and introspect on what really triggered such sudden departures even before understanding the organization. Identify any internal factors that may not be conducive and correct them.
You may also want to review your hiring process for senior-level talents and establish a robust system for identifying the right talents with the required work skills, mental abilities, personality factors, and values that align with the organization's culture. Focus on each talent before issuing an offer at the senior level, making sure they are the talent the management is looking for.
Legal remedies for such instances are time and cost involving, and the results or outcomes may not be as expected. If the factor is external to the organization and the departing talent is solely at fault, send a strong letter expressing the breach of the appointment order and lack of decorum in their behavior. Consider delisting them from re-hiring in the organization and have your say if any background verification or reference inquiries come your way.
When someone is not willing to work with an organization, there is no point in forcing or taking legal actions or notices, as they are all futile in nature. It is akin to a marriage where both parties must have whole-hearted bonding. If that is missing, the management should boldly state, "You are not needed for my organization, and I will bring in a more competent person in your place." Only then can the business run smoothly, as no one is indispensable in any organization. Look forward and move ahead, ignoring such talents.
From India, Chennai
Acknowledge(0)Amend(0)
I would agree with Saswatha and Dr. Sivakumar.
Even if you have a watertight contract, it is a legitimate right of a person to seek better jobs or jobs of one's satisfaction. At most, you can seek compensation by way of legal remedy, which is a waste of time. Pressurizing a person to work will not provide the required results since performance cannot be forced.
Since you have asked for reasons, presumably, the job may not be competitive enough, the environment may be restrictive, there may be a lack of creativity or encouragement, and dissatisfaction with monetary returns may be some of the issues.
While recruiting a person, kindly try to assess the reasons behind the choice made by the employee in approaching you and the job offered by you. It shall help in the retention of employees, invariably leading to the retention of skills acquired through your employment.
Regards, Bhagyalakshmi
From India, Chennai
Acknowledge(0)Amend(0)
Even if you have a watertight contract, it is a legitimate right of a person to seek better jobs or jobs of one's satisfaction. At most, you can seek compensation by way of legal remedy, which is a waste of time. Pressurizing a person to work will not provide the required results since performance cannot be forced.
Since you have asked for reasons, presumably, the job may not be competitive enough, the environment may be restrictive, there may be a lack of creativity or encouragement, and dissatisfaction with monetary returns may be some of the issues.
While recruiting a person, kindly try to assess the reasons behind the choice made by the employee in approaching you and the job offered by you. It shall help in the retention of employees, invariably leading to the retention of skills acquired through your employment.
Regards, Bhagyalakshmi
From India, Chennai
Acknowledge(0)Amend(0)
Send her the hard copy of the letter by Speed Post. Keep the duplicate copy with you. Keep the receipt from the post office also with you.
Scan the duplicate copy along with the post office receipt and send it by email to her.
Acknowledge(0)Amend(0)
Scan the duplicate copy along with the post office receipt and send it by email to her.
Acknowledge(0)Amend(0)
Have you mentioned the terms and conditions of separation in the appointment letter? If yes, then what are those? If she has not fulfilled those conditions, then you may send her an official letter stating that her resignation is not accepted. You may write that "as per the provisions of paragraph No ______ of the appointment letter dated _____ issued to you, you are required to complete a notice period of ____ days. If you do not report for your duties, then it will be considered that you have abandoned your duties and appropriate disciplinary action will be initiated against you".
[Authority APK](https://authorityapk.com/mobdro/) [Vidmate](https://vidm.fun/vidmate/)
Acknowledge(0)Amend(0)
[Authority APK](https://authorityapk.com/mobdro/) [Vidmate](https://vidm.fun/vidmate/)
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Employee Appraisal Form new.doc