Employee left in probation period
ramanbahl
(Querist) 23 May 2015
This query is : Resolved
Sir,
I am running a small firm and one of my employee has left my firm in the probation period despite signing a bond. Pls advice what should be done. in case any case needs to filed, pls advice accordingly as another employee is also planning to leave.
Pls advice as I have already incurred amount in their training.
Rgds
Devajyoti Barman
(Expert) 24 May 2015
During Bind period the employee is not stipulated to leave the organisation, more so, when he is imparted training at the cost of the employer.
Now to make this sure you have arrange to take some money as security which may be defaulted if someone leave the organisation before Bond period.
Remember, keeping the employee forcibly in a organisation during Bond period is not permissible unless there is circumstances to do so. Consult a lawyer to draft such agreement.
malipeddi jaggarao
(Expert) 24 May 2015
You are running a small firm. Is it Pvt.Limited Company or a partnership firm? YOu cannot retain the employee simply because he has executed a bond with you. Instead, find out the reasons why they are leaving, and rectify yourself. Have you imparted any training, if so what is the cost of training?
Kumar Doab
(Expert) 24 May 2015
What Training?
Is it say...............some certified training from certified Institute?
If it is a training that you have imparted to enable the employees to handle your counters/work and pertains to say products of the company/processes/policies/strategies etc then it should have no cost to employee..............
In absence of deserving grounds any agreement that you draft may not be worth even the piece of paper on which it is written....................
The tolerance to such tactics is diminishing and there are publication to suggest that employees/unions are arms up and against such employers and their attorney's and such agreements...................that are crafted to con and defraud the employees.............
You would be wasting your hard earned monies to pay some fancy lawyer to craft some worthless agreement for you and then to litigate............if you are no providing any training.................that is indeed a training!
Good Industry Captains are not wary of attrition. They have proper succession plans in place and do not mind filling in for the departing employee i.e. a COO doing the job of an operator...............
They advocate that a person that has decided to leave should be allowed to leave with a happy note.
At the moment 2 adult persons have decided to leave your establishment...................so you should contemplate why people are leaving.............and innovate some good HR practices to retain them.
Rest is upto you.
Dr J C Vashista
(Expert) 25 May 2015
What type of organization you are manning? How many persons have been employed by your company?
What is stated in the terms and conditions of their appointment qua the bond?
How much money did you spend for their pre-induction training?
If you can employ two or more persons in your organization it would be appropriate and advised to retain/employ an advocate to take care of such issues (in-house)without seeking FREE legal service via this platform.
T. Kalaiselvan, Advocate
(Expert) 28 May 2015
You may first answer the questions raised in this connection by the experts which would fetch you more advises/suggestions.
Rajendra K Goyal
(Expert) 02 June 2015
All the terms of Bond and appointment need to be referred, consult local lawyer.
Guest
(Expert) 02 June 2015
What provisions have been made in the bond, if bond conditions are violated by employee or employer?
