Dear Ranjeet,
The management is the supreme authority. The Enquiry Officer might have come up with his judgement but the same may be changed due to any outside influence. If the management is willing to take the accused back in service why should we the HR object to it? Why should we the HR become another Roy J George?
Now present a paper before the same management whether the days of his absence right from his suspension/ days of disciplinary action etc be treated as leave without pay and regularise the service or should his rejoining be treated as new appointment? If the management says that you can put the days as LOP and continue his service, you need only to get a joining report as is required for an employee "resuming duty after long leave". There will not be any change in PF Number and ESI (if applicable). If he should be treated as new joinee, then all formalities required for new joinee will have to be completed.
In your case associated with Security Personnel who was given training in a foreign country, you have to be more concerned. This is because, though employment bond is invalid, an employer is competent to recover any training cost incurred by him. Therefore, if he doesnot turn up, you have to send follow up the matter and send a legal notice calling on him to comply with the terms of the bond.
Regards,
Madhu.T.K
From India, Kannur
4250The management is the supreme authority. The Enquiry Officer might have come up with his judgement but the same may be changed due to any outside influence. If the management is willing to take the accused back in service why should we the HR object to it? Why should we the HR become another Roy J George?
Now present a paper before the same management whether the days of his absence right from his suspension/ days of disciplinary action etc be treated as leave without pay and regularise the service or should his rejoining be treated as new appointment? If the management says that you can put the days as LOP and continue his service, you need only to get a joining report as is required for an employee "resuming duty after long leave". There will not be any change in PF Number and ESI (if applicable). If he should be treated as new joinee, then all formalities required for new joinee will have to be completed.
In your case associated with Security Personnel who was given training in a foreign country, you have to be more concerned. This is because, though employment bond is invalid, an employer is competent to recover any training cost incurred by him. Therefore, if he doesnot turn up, you have to send follow up the matter and send a legal notice calling on him to comply with the terms of the bond.
Regards,
Madhu.T.K
From India, Kannur
Dear Madhu Sir,
Thanks a ton!
Bonds are illegal according to the judgement of Honble supreme court.
Would request you, What are the legal steps that we can take against the same employee.
Whetehr we have to go in the court for the same as the employees is not responding to our calls also.
Regards
Ranjeet
From India, New Delhi
Thanks a ton!
Bonds are illegal according to the judgement of Honble supreme court.
Would request you, What are the legal steps that we can take against the same employee.
Whetehr we have to go in the court for the same as the employees is not responding to our calls also.
Regards
Ranjeet
From India, New Delhi
The maintainability of suit even in the case of recovering training cost depends upon the terms of bond and proof to show such training cost. Any way, to start with, you may send a letter reminding of the clause in the bond and calling on him to pay the amount stating very categorically that you would be "constrained to take legal action if he doesnot pay the amount". If he does not respond, you can take assistance of your lawyer and send a notice in the formal manner.
Once the notice goes, he will certainly come to meet you, I am sure.
All the best.
Madhu.T.K
From India, Kannur
Once the notice goes, he will certainly come to meet you, I am sure.
All the best.
Madhu.T.K
From India, Kannur
To start with, you have to hold the terms of bond and ask for the bond amount saying that you had incurred the said amount by way of his training. The matter will not be over in one sitting. He will take one or two chances and it will be like a negotiation and in that process you have also to be liberal to an extent.
There is yet another chance that instead of paying the bond amount, if he requests that he is prepared to work with you and his absence could be excused on humanitarian ground, then what will be your stand? Will your Board of Directors agree to reinstate him? Think about the possibilities.
Regards,
Madhu.T.K
From India, Kannur
There is yet another chance that instead of paying the bond amount, if he requests that he is prepared to work with you and his absence could be excused on humanitarian ground, then what will be your stand? Will your Board of Directors agree to reinstate him? Think about the possibilities.
Regards,
Madhu.T.K
From India, Kannur
Dear Ranjeet,
If an apprentice has discontinued his training, you need to inform the Apprentice Adviser/ Asst. Apprentice Adviser/ Training Officer, as the case may be. For this no specific format need to be followed. You just refer to the apprentice token number as available in the contract of apprentice training or the identity card issued to the apprentice by the Apprentice Adviser (if you have a copy of the same in your file) and inform formally that" with reference to the contract of apprentice training above cited, we would like to inform you that..... (name of apprentice) has terminated the contract at his will after submitting his resignation. A copy of his resignation letter is enclosed herewith for your reference and record"
Regards,
Madhu.T.K
From India, Kannur
If an apprentice has discontinued his training, you need to inform the Apprentice Adviser/ Asst. Apprentice Adviser/ Training Officer, as the case may be. For this no specific format need to be followed. You just refer to the apprentice token number as available in the contract of apprentice training or the identity card issued to the apprentice by the Apprentice Adviser (if you have a copy of the same in your file) and inform formally that" with reference to the contract of apprentice training above cited, we would like to inform you that..... (name of apprentice) has terminated the contract at his will after submitting his resignation. A copy of his resignation letter is enclosed herewith for your reference and record"
Regards,
Madhu.T.K
From India, Kannur
Hi Ranjeet,
Co. policies are framed in accordance with law and law here is services of no one can be dispesed with without affording him an opportunity of being heard. on your part, u have already sent him letters(I suppose not WARNING, as warning is a punishment, by giving which U may condone his delinquency). Pl send him another letter on permanent address, mentioning clearly the charges and letting him know the consequeces thereof including that of termination of services. Reply or no reply, conduct an enquiry into the charges and impart proportionate punishment, which in this case seems to be DISMISSAL.
I.N.JHA
Co. policies are framed in accordance with law and law here is services of no one can be dispesed with without affording him an opportunity of being heard. on your part, u have already sent him letters(I suppose not WARNING, as warning is a punishment, by giving which U may condone his delinquency). Pl send him another letter on permanent address, mentioning clearly the charges and letting him know the consequeces thereof including that of termination of services. Reply or no reply, conduct an enquiry into the charges and impart proportionate punishment, which in this case seems to be DISMISSAL.
I.N.JHA
Dear Sir,
I had drafted a one, For your Valubale inputs in it:-
The Deputy Apprentice Adviser Thursday, October 08, 2009
BTC Pusa Campus,
NEW DELHI-110012.
Sub:- Resignation of an Apprentice ( Registration no.Jan 09/29).
Dear Sir,
This is to inform you that Mr.Haroon Rashid, Apprentice Registration no.Jan 09/29 dated 01/05/2009 has been resigned from his training of Taj Mahal Hotel in trade of Apprentice-Cook w.e.f.07/10/2009.
This is for information and necessary action.
For.......
From India, New Delhi
I had drafted a one, For your Valubale inputs in it:-
The Deputy Apprentice Adviser Thursday, October 08, 2009
BTC Pusa Campus,
NEW DELHI-110012.
Sub:- Resignation of an Apprentice ( Registration no.Jan 09/29).
Dear Sir,
This is to inform you that Mr.Haroon Rashid, Apprentice Registration no.Jan 09/29 dated 01/05/2009 has been resigned from his training of Taj Mahal Hotel in trade of Apprentice-Cook w.e.f.07/10/2009.
This is for information and necessary action.
For.......
From India, New Delhi
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