Employee job
Adv k . mahesh
(Querist) 05 October 2012
This query is : Resolved
i am clear that the employee who has absconding from duties came to know that he has joined in other organisation and he is not responding to our mails since one month
so i want to know the procedure that why i am telling the facts so that the experts can tell me the steps to be taken
as ours is a software organisation our hr departments clearly explained the where abouts of the service agreement for two years and spending on him for the project
even we are asking him to attend duties to complete his project and if has not responded thus
1. charge sheet
2. show cause
3. disciplinary proceedings
or without all this as our hr department has sent email so can i directly send legal notice and also let me know as which case i should file in civil court
asap
this is urgent
Guest
(Expert) 05 October 2012
You have created a new thread delinking your previous query and replies by experts. That should have been avoided.
Adv k . mahesh
(Querist) 05 October 2012
sir,
i have great respect for seniors like you
but without resolving the query you have added which is not an answer but only doubt
even in my previous query also you have added the same answer like
that why i added another thread
Guest
(Expert) 05 October 2012
Dear Mr. Mahesh,
As of guidance, I have provided enough clues in reply to your previous question on another page. You being a practising advocate, I was expecting that you could well pick up the right threads to proceed on the right track to take appropriate action. I was not expecting you to seek spoon feeding for every bit of the required processes.
You can well understand that for detailed guidelines a series of questions can crop up on every answer to each of your query, which is not possible without a paid consultancy, as the same can take a lot of time, which is not feasible in free consultancy. That is why, I have not added any more information in reply to your present query, which constitutes part of the expected series of questions.
To be frank, I also understand that you have posted this query independent of your earlier query, with slight change in topic headlines, only for the reason that it should not show any link to your previous question page to give a look of a fresh query. Hope you would not feel ill of my frank opinion.
Adv k . mahesh
(Querist) 06 October 2012
sir
i can understand but i got this case first time and i don't want to take a chance directly because this may effect the importance of the case and also , i though if anything goes wrong i have to face the consequences because i want to be in this profession
so i tried that experts like you sir will guide me and this is not that i wanted to waste your valuable time.
thanks
Guest
(Expert) 06 October 2012
Your profile speaks about your practice in all types of HR and discipline cases, whereas you have now stated that you got this case first time.
Anyway, such cases are not so simple to be guided with one or two simple replies to one or two basic queries.
As such there seems to be a need for you to take proper and detailed guidance by hiring services of a real expert in labour & service law matters till the the cases are settled in a proper manner.
Sudhir Kumar, Advocate
(Expert) 06 October 2012
The matter was replied by Mr Dhingra on earlier thread at http://www.lawyersclubindia.com/experts/employee-left-job-343266.asp
Mr Dhingra suggested that :-
There are three remedial measures in such cases:
1) Filing a legal suit in the court of law, after due notice to the employee, for compensation as per terms of agreement; and
2) Filing a report with the police about misappropriation of the assets of tyhe company in his possession, if not returned to the company; and
3) Termination from service after obsering necessary disciplinary procedings as per the Certified Standing Orders for the employees or the CDA Rules, as the case may be.
Mr Dhingra also stated that :-
Mixing up issues may spoil your case.
Each action should be independent of each other.
I further elaborate that
(i) if any loss has been caused to you for breach of contract then you have to file compensation suit in civil court which is independent from other grievances at to be raised at other fora.
(ii) If any of your property has been misappropriated then criminal case has to be filed with the police which is independent from other grievances at to be raised at other fora.
(iii) If you no more want his services then you have to follow the prescribed procedure of chargesheet and inqruiy which is independent from other grievances at to be raised at other fora.
The issue appears to be not very complicated.
