Hi! The employee caught in theft on 02/08/2010 while in service, leave applied on 28/07/2010 for the period 22/07/2010 to 27/07/2010. Being an Manager Admn. the leave application come to me for sanction on 31-08-2010. He resigned on 06-08-2010. Any body may please advise wheather i should sign the leave application or not.
What should one do when making his full & final settlements.
Regards,
Kosh
From India, Delhi
7What should one do when making his full & final settlements.
Regards,
Kosh
From India, Delhi
Dear Kosh,
His leave letter comes to you on 31st. His leave period was 22.7 to 27.07 and he applied on 28.07.
Whether he has send any intimation over his absense (or leave) for the above period well in advance?, if not you have right to reject his leave application.
Leave means getting prior approval by person or by other mode in advance, except emergency.
Also you mentioned that he has been cought in theft on 02.08.2010. You can initiate both criminal and legal actions against him, till he is getting cleared, you need not settle his dues.
For that you have to be issued a leagal notice/ charge sheer before his resignation.
Thanks
R.Palaniswamy
From India, Coimbatore
His leave letter comes to you on 31st. His leave period was 22.7 to 27.07 and he applied on 28.07.
Whether he has send any intimation over his absense (or leave) for the above period well in advance?, if not you have right to reject his leave application.
Leave means getting prior approval by person or by other mode in advance, except emergency.
Also you mentioned that he has been cought in theft on 02.08.2010. You can initiate both criminal and legal actions against him, till he is getting cleared, you need not settle his dues.
For that you have to be issued a leagal notice/ charge sheer before his resignation.
Thanks
R.Palaniswamy
From India, Coimbatore
Dear Sir,
I request an format of legal notice / charge sheet in case the employee was caught in theft while in service.
We took the regination from the said employee, what should we do about his full & final which is not yet cleared.
Regards,
Kosh
====
From India, Delhi
I request an format of legal notice / charge sheet in case the employee was caught in theft while in service.
We took the regination from the said employee, what should we do about his full & final which is not yet cleared.
Regards,
Kosh
====
From India, Delhi
Application for leave is separate issue, theft case is separate issue and F&F settlement is also a separate issue.
Application for leave may be granted as recommended by his/her reporting manager. Delay in reaching the leave application to HR Dept. is not his fault.
Regarding theft case, legal action can be taken depending upon his/her position and the value of the item. If the employee is a lowest category and the value of the item is not too much, it is better to terminate him after giving F&F with mutual consent.
If s/he is caught while theft and no financial loss is involved, then also s/he can be terminated with F&F.
Only when huge financial loss is involved, then only there is value for legal action. Other wise, visible & hidden cost with police, legal advisers, court etc. will not only consume additional fund and time but also create the environment worse.
From India, Hyderabad
Application for leave may be granted as recommended by his/her reporting manager. Delay in reaching the leave application to HR Dept. is not his fault.
Regarding theft case, legal action can be taken depending upon his/her position and the value of the item. If the employee is a lowest category and the value of the item is not too much, it is better to terminate him after giving F&F with mutual consent.
If s/he is caught while theft and no financial loss is involved, then also s/he can be terminated with F&F.
Only when huge financial loss is involved, then only there is value for legal action. Other wise, visible & hidden cost with police, legal advisers, court etc. will not only consume additional fund and time but also create the environment worse.
From India, Hyderabad
Dear Kosh
I agree with the opinion of parasurampur.
"Application for leave is separate issue, theft case is separate issue and F&F settlement is also a separate issue."
Please do not mix up the issues and complicate the matter; deal with them separately.
Application for leave: the employee after being on leave/absence, applied on 28/07, which you received after more than a month, i.e. on 31/08 !!!
This in itself speaks about the apathy and insensitiveness of your organization and its policy towards employees.
Theft : What was the value of the item and whether an FIR with the Police was lodged ?? Please note that stealing a few pens or some small stationery item may technically constitute theft; but it does not merit a Police case; and can be dealt as a Misconduct.
However, when you have already forced him to give resignation - the question of a chargesheet or legal notice does not arise.
Full & Final settlement : Since the employee was caught in the act; it stands to reason that the stolen material was recovered from him. So where is the question of it having any effect on his Full & Final settlement ??
I hope your company does not act like the medieval times "zamindars" and impose a penalty of your own for the alleged theft !!
Regards.
From India, Delhi
I agree with the opinion of parasurampur.
"Application for leave is separate issue, theft case is separate issue and F&F settlement is also a separate issue."
Please do not mix up the issues and complicate the matter; deal with them separately.
Application for leave: the employee after being on leave/absence, applied on 28/07, which you received after more than a month, i.e. on 31/08 !!!
This in itself speaks about the apathy and insensitiveness of your organization and its policy towards employees.
Theft : What was the value of the item and whether an FIR with the Police was lodged ?? Please note that stealing a few pens or some small stationery item may technically constitute theft; but it does not merit a Police case; and can be dealt as a Misconduct.
However, when you have already forced him to give resignation - the question of a chargesheet or legal notice does not arise.
Full & Final settlement : Since the employee was caught in the act; it stands to reason that the stolen material was recovered from him. So where is the question of it having any effect on his Full & Final settlement ??
I hope your company does not act like the medieval times "zamindars" and impose a penalty of your own for the alleged theft !!
Regards.
From India, Delhi
under the factory act if an employee made unconstitutional strike, subsequently he accepts his mistake,and ready to write sorry letter, so my question is what matter should be in the letter so futuristically that letter can be used against him as a evidence. please let me know the answer.
somya
From India, Hyderabad
somya
From India, Hyderabad
The value of the theft was Rs.1,50,000 it was flexible copper cable 3 core.
No FIR lodged, the involvement include our employee, sub-contractor labours and the truck was hired from outside and the said cable lifted with crane.
I wants to be proactive next times if at all this type of situation arrives, if you please help me with the charge sheet / legal notice format and other associated formalities in a similar type of situation.
Regards,
Kosh
====
From India, Delhi
No FIR lodged, the involvement include our employee, sub-contractor labours and the truck was hired from outside and the said cable lifted with crane.
I wants to be proactive next times if at all this type of situation arrives, if you please help me with the charge sheet / legal notice format and other associated formalities in a similar type of situation.
Regards,
Kosh
====
From India, Delhi
This was a well organised theft case. It requires a police complaint because there were contractors/sub-contractors involved in it. This might have been a regular practise till it has been caught and therefore needs to be further investigated. Since, you do not have any powers to interogate these people, please hand over the matter to the local police station with your prelimnary report. You will soon find much more number of employees/contract workers involved in such crimes. Resignation can be accepted but releiving can be affected only after due clearance from all departments. Since, this employee is involved in a serious criminal matter, HR/Admin cannot issue any clearance certificate. I will suggest that this person should not be releived easily with any clean chit because this action of yours will make other internal/external miscreants bolder than before and your company will be at a loss. Though, this strategic decision must be taken at top levels of your company. Non-Regualarisation of leave can be used used to depict the indiscipline attitude of this employee in any case if it ever ensues.
From India, Jamnagar
From India, Jamnagar
parasurampur has given a perfect opinion. Now try to resolve with out any legal angle. It will waste time and money both.Second investigate what were the circumstances, why he made an attempt of theft? Is his problem is Guanine? If yes, are other employees are also facing the same problems?. I just want to say punishing of one person may or may not solve the real problem. Pl do some thing so that it will cut the naval in the bud.
For F&F don;t go narrow minded. See the case of urself and decide what u have to do.
From India, New Delhi
For F&F don;t go narrow minded. See the case of urself and decide what u have to do.
From India, New Delhi
Steps
1) Refuse his leave.
2) Withhold his full and final settlement.
3) If u have suffcient evidence you may lodge complaint in police. The
question arises why there is substantial delay in ffiling FIR ? (U have to
manage authority)
4) Take action against all involved in theft.
5) If u know his new employer, you can inform him confidentiley about
theft.
R D Watve
1) Refuse his leave.
2) Withhold his full and final settlement.
3) If u have suffcient evidence you may lodge complaint in police. The
question arises why there is substantial delay in ffiling FIR ? (U have to
manage authority)
4) Take action against all involved in theft.
5) If u know his new employer, you can inform him confidentiley about
theft.
R D Watve
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