Thank you so much all of you for responding to my question. The person was from the accounts department. And leaving in March in this manner, creates a lot of problems for us since it is the financial year end and being a small organisation, this person was handling most of the work. I can hold back the last months salary in lieu of the notice period. But my issue was about completing the work. Though as ashishd rightly said no point if the person has made up their mind. I definitely don t want the person to come back and finish the work. But just does not feel fair. That s all. Thanks once again - all of you. Truly appreciate it.
From India, Mumbai
From India, Mumbai
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Dear Sangeeta bala,
you can solve the aforesaid problem as under -
1) If the employee is not in managerial cadre, then as he is not reporting for duty & sending sms, ask him to send resignation letter. if he submit his resignation letter, then waiving notice period, accept the resignation & prepare his full and final settlement and send it to his residential address for acceptance.
2) If your employee is in managerial cadre, then act according to terms of contract (i.e. appointment letter).
3) In case of employee who falls under the definition of worker / employee as per Industrial Model standing order Act, 1946, then you have to follow the principles of natural justice i.e. issue show-cause notice, then charge-sheet, conduct domestic Inquiry (if not responding to Inquiry) then conduct ex-party, and finally terminate his service as per due process of law.
Regards,
N. K. jagtap
From India, Karwar
Dear Sangeeta bala,
you can solve the aforesaid problem as under -
1) If the employee is not in managerial cadre, then as he is not reporting for duty & sending sms, ask him to send resignation letter. if he submit his resignation letter, then waiving notice period, accept the resignation & prepare his full and final settlement and send it to his residential address for acceptance.
2) If your employee is in managerial cadre, then act according to terms of contract (i.e. appointment letter).
3) In case of employee who falls under the definition of worker / employee as per Industrial Model standing order Act, 1946, then you have to follow the principles of natural justice i.e. issue show-cause notice, then charge-sheet, conduct domestic Inquiry (if not responding to Inquiry) then conduct ex-party, and finally terminate his service as per due process of law.
Regards,
N. K. jagtap
From India, Karwar
can any one tell what type of legal action an employer can take aginst the employee if he is leaving the compnay without clearing its dues and sattelement outstanding.
please advice.
regards,
sachin jaiswal
From India, Mumbai
please advice.
regards,
sachin jaiswal
From India, Mumbai
all depends how is the company employment policy or standing orders. any how you have good reply from our frnds. the employer can not force a employee from leaving his / her job. that is his right. but proper policy will guide the employer.
From India, Bangalore
1From India, Bangalore
hiiiii all,, in my company our Accountant cum Cashier left job without any information any legal action can we take..???
From India, Kannur
From India, Kannur
In My organisation Employee Transport given to outsource , beacuse of this company firstly asked to left them with 1 month time and salary for 1 month they all 3 refuse this. Than managment decided to Transfer them at other company offices in metro cities again they are asking for House rent or revison in salary . Management not agrreeing on any salary revison which was clearly mention in transfer letter. Company Providing them Travel expenses of whole family and Shifting Charges .
Please advise
From India, Coimbatore
Please advise
From India, Coimbatore
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Dispciplinary Action.doc
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