Hi all,
we hired a GM with us, he was on provision for 3 motnh. and after 6 month, one day he never came to office after asking for overall P&L of company. and after that he never replied and not coming office from 3 months.
we have sent the legal notice and several main on his personal main id but he did not received the notice.
since we have not terminated him.
so please help us.
1. can we stop salary of him for this perior.
2. can we recover damages.
3. can we publish notice in news papaers without judicial order.
4. he has taken our laptops, official client data and mobile and other assets.
pls help me.
From India, Raipur
we hired a GM with us, he was on provision for 3 motnh. and after 6 month, one day he never came to office after asking for overall P&L of company. and after that he never replied and not coming office from 3 months.
we have sent the legal notice and several main on his personal main id but he did not received the notice.
since we have not terminated him.
so please help us.
1. can we stop salary of him for this perior.
2. can we recover damages.
3. can we publish notice in news papaers without judicial order.
4. he has taken our laptops, official client data and mobile and other assets.
pls help me.
From India, Raipur
Hi there,
These scenario is not new in the industries.
Not clear why the legal notice has been sent.
If your firm has proper leave policy and treatment for absconding cases, then this situation is reduced as during induction program the awareness is created to do what in such situation .
If laptop and other data is with the employee, notify him to return the same with letter sent through speedpost as evidence and show cause notice.
if the client information has also been taken that is theft then with evidence you can file FIR.
No need for paying the salary, it can be done with full and final settlement .
If the employee has worked for few months in a firm, then they will not mention that in the resume, so the question of relieving letter is not there.
From India
13These scenario is not new in the industries.
Not clear why the legal notice has been sent.
If your firm has proper leave policy and treatment for absconding cases, then this situation is reduced as during induction program the awareness is created to do what in such situation .
If laptop and other data is with the employee, notify him to return the same with letter sent through speedpost as evidence and show cause notice.
if the client information has also been taken that is theft then with evidence you can file FIR.
No need for paying the salary, it can be done with full and final settlement .
If the employee has worked for few months in a firm, then they will not mention that in the resume, so the question of relieving letter is not there.
From India
Have you paid him salary for the 3 months he didn't report to work?
Ideally if a person is not coming to work and has not informed about it, as HR we initiate the activity to find the matter. We try to call, sms and mail. If there is no response, we should be sending formal letter stating the consequences if he or she don't report to work by the due date and register it to the person's residence.
Even after this if the person don't report to work, we can take further action... But I still don't understand why should we pay to a person who is not reporting to work.... Do you not have enough evidence to prove that he is not reporting to work since so and so date???
From India, Mumbai
Ideally if a person is not coming to work and has not informed about it, as HR we initiate the activity to find the matter. We try to call, sms and mail. If there is no response, we should be sending formal letter stating the consequences if he or she don't report to work by the due date and register it to the person's residence.
Even after this if the person don't report to work, we can take further action... But I still don't understand why should we pay to a person who is not reporting to work.... Do you not have enough evidence to prove that he is not reporting to work since so and so date???
From India, Mumbai
Hi Ankita,
yes we have paid him 3 month salary, and every time we got lot of excuses.
and in 3 month we can judge the intentions of any one.
we have sent mails, sms, even legal notice but he is not picking up phone. we don't have his appointment letter of him. this has been misplaced from our record. so we don't have anything to prove that he has signed the duties and responsibilities. but in his official main we have lot of things like -
targets, working procedure etc. so now the thing is cab we publish notice on Facebook or social marking forums.
we will have to pay him for last 15 days salary, this is we did not pay him.
From India, Raipur
yes we have paid him 3 month salary, and every time we got lot of excuses.
and in 3 month we can judge the intentions of any one.
we have sent mails, sms, even legal notice but he is not picking up phone. we don't have his appointment letter of him. this has been misplaced from our record. so we don't have anything to prove that he has signed the duties and responsibilities. but in his official main we have lot of things like -
targets, working procedure etc. so now the thing is cab we publish notice on Facebook or social marking forums.
we will have to pay him for last 15 days salary, this is we did not pay him.
From India, Raipur
I think you were generous enough to pay him salary for 3 months when he did not reported to work.
Are you the HR? Are you fresher? Do you have someone who guides you in your company?
What does your senior have to say about this?
For better presentation of matters -
1. You appointed a person at GM level
- Do you mean General Manager?
- Did you do background verification before appointment?
- Was he having any previous experience?
- Did he submit copies of his relieving letter, address proof etc while joining?
2. You do not have a copy of the appointment letter you issued to him since it is misplaced. But you do have proof like attendance register etc.?
3. How do you pay him salary?
- Cheque or direct bank trnasfer?
- If cheque how do you ensure it is deposited by the concerned person?
4. Who suggested you to put this matter up on facebook or other social media site?
From India, Mumbai
Are you the HR? Are you fresher? Do you have someone who guides you in your company?
What does your senior have to say about this?
For better presentation of matters -
1. You appointed a person at GM level
- Do you mean General Manager?
- Did you do background verification before appointment?
- Was he having any previous experience?
- Did he submit copies of his relieving letter, address proof etc while joining?
2. You do not have a copy of the appointment letter you issued to him since it is misplaced. But you do have proof like attendance register etc.?
3. How do you pay him salary?
- Cheque or direct bank trnasfer?
- If cheque how do you ensure it is deposited by the concerned person?
4. Who suggested you to put this matter up on facebook or other social media site?
From India, Mumbai
You have already done mistake by paying him salary for last 3 months even after he is not coming to office. Also, you don't have copy of appointment letter so that you can prove that he is an employee of yours. Emails and report does not prove that he is your employee.
However, you can register a legal complaint if he still do not return the laptops and other things that he didn't returned.
Also, you must be having some leave policy as well as policy for absconding go with that and terminate him.
Also, you can send a mail to all your clients about this act by the person and mentioning that he is no more associated with your company.
From India, Lucknow
However, you can register a legal complaint if he still do not return the laptops and other things that he didn't returned.
Also, you must be having some leave policy as well as policy for absconding go with that and terminate him.
Also, you can send a mail to all your clients about this act by the person and mentioning that he is no more associated with your company.
From India, Lucknow
Hello Vikas,
* Please issue the Notice for absenteeism
* Tell Him in Communication that legally you will issue the notice in News Paper that if your not able to join the organization or report than we will terminate your employment with us.Definitely he / she will contact you.otherwise terminate him without pay.
Thanking you,
Regards,
Ashish
From India, Pune
* Please issue the Notice for absenteeism
* Tell Him in Communication that legally you will issue the notice in News Paper that if your not able to join the organization or report than we will terminate your employment with us.Definitely he / she will contact you.otherwise terminate him without pay.
Thanking you,
Regards,
Ashish
From India, Pune
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