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Law Suite Against Deserters - CiteHR

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sneha_ibm
Hi All,
Happy Holi!!
We have had few new joiners leaving us withing 1-2 weeks of joining without getting formally releived, this not only causes us huge loss in terms of human resources, time but also wastes our money.
Being a process oriented company we do take all precautions but you see being almost no resepect to law whatsoever in India employees don't give a damn to employers.
We have been in touch with our lawyers to prepare case against such deserters.
I would like to get your opinion for any such law under which we can take action against those deserters?
Cheers
Sneha

From United Kingdom
Bob Gately
45

Hello Sneha:
>We have had few new joiners leaving us withing 1-2 weeks of joining without getting formally releived, this not only causes us huge loss in terms of human resources, time but also wastes our money.<
Why did they leave?
>Being a process oriented company we do take all precautions but you see being almost no resepect to law whatsoever in India employees don't give a damn to employers. <
Perhaps a hiring mistake was made?
>We have been in touch with our lawyers to prepare case against such deserters.<
Oh my, I think a person can only be a deserter from the military.
Bob

From United States, Chelsea
munam
Dear Sneha
Very correct DESERTOR word is used in armed forces for the person who is absent from duty for more than 28 days without prior approval o9f leave.
Have you offered him an appoint letter :?: under what terms and conditions because generally there used to six Month probation period under which both parties can teerminate the appointment formalities within shot notice of one day.Even most of the employers hadbeen doing this to the new entrants regularly. And if you have not offered him the appointment letter/joining letter you really cant do anything about this.
better start searching for a good and reliable candidate.
Cheers


harikeyel
Hi Sneha,
Please don't waste time behind them.
The approach should be if they have left, you better address the reasons for that instead of going behind them which will not bear any fruit in Indian condition. You know how overloaded our courts are already?
Regards
Harikeyel

From India, Thiruvananthapuram
Bob Gately
45

Hello Anamika_UK:

>This Q was India specific as such situation doesn't exist in western world.<

I was unaware that in India a new employee who quits can be convicted of desertion and be imprisoned or fined by the government or otherwise punished by the courts. That is worrisome given how employees can be mismanaged by their managers.

>Situation is jobs are more candidates less. Demand is more supply less. Candidates don't care about employer or thier future. It is a mad rush in Bangalore. They join keep few other ofers in hand and as soon as any other offer matures they jump. <

In other words employers don't know how hire employees who will say.

>Or if they have got time to spare before joining any other organisation then they chill out in one organization then dump and go to another.<

Don't employers conduct background checks, reference checks, etc.?

>There are other situations as well.<

I am sure.



>There are no mistakes in hiring. <

Managers who believe they cannot make mistakes in hiring are doomed to repeat the same hiring mistakes over and over again. Unfortunately, hiring managers are not perfect so they do make mistakes in hiring. The secret to success is not to make the same mistake twice.

From United States, Chelsea
AnamikaSJ
Hi Bob,

Reference check is absent in India. There is no such agency approved by Govt. There are few pvt agencies which are more unreliable then employees.

Well talking of Indian law .. they got one of the best Constitution in whole world which is written on paper (unlike England) and the law is such comprehensive and covers all aspect of life. Nothing is untouched. After all the best brains of that time were invovled in compiling it.

The problem is people are ignorant even most of lawyer (Lazy..) don't want to trun pages in law book.

Coming to hiring. You ask candidate how long you want tostaty their answer Forever which everyone says. If they say they can't gaurantee then obviously they are not taken in.

And if you see their past employment history then average comes to about 1-2 yr per employment. What mistake a hiring manager can make. You need people and you need to be flexible. You got projects you need to execute them so no time to think twice.

Coming back to law yes there exist such law which enables employer to go behind deserters.

To give a glimpse of it .. if employees leaves without getting releived then officially he is still in job and taking any other job automatically becomes an issue which lawyers would like to pursue further. Also there is something called liability which enables employee to take action.

Any way we have already started legal action.

From United Kingdom, Luton
deepak. M
5

Hi Sneha,
In such a condition its better you take a closer look into the selection process and intro some new techniques of Mind reading and questions which can find out the hidden intentions of candidates.
u are either in a hurry while appointing them or not concentrating on the essence of recruitment/Selection.
as for legal actions that can be initiated, a new joinee can legally be made to pay for the training expenses if he has signed an agreement with the company for so. and if he has been given & Signed the appointment letter.
Dropout at this stage will not affect them in anyway, and going behind them u will waste your time and resources.

From India, Mumbai
pranati
49

Sneha
all that this will lead to is that genuine applicants will feel scared in applying to your organization and may lead in your current employees in feeling suffocated.
Why dont you try to check if something is wrong in the induction/orientation process itself which scares the employees or makes them want to run away...
What is general attrition rate,in your organization...
I agree that situation is bad in IT/ITES sector but we need to look inward to know what we can do to retain the employees and what is it that other companies are offering which we are not able to.
Believe me salary is not the only criteria...

From India, Mumbai
harikeyel
Hi all,
I think the issue is blown out of proportion. If any employer was serious of going behind those who quit then why do every company spend brains behind reward and recognition programs.
Attrition is reality and it is worrying. I came to know that NASSCOM has a charter saying that companies should not consider any resume/person that spends less than 3 years with any company (TO BE FRANK I HAVE NOT SEEN IT).
So to curb this menace it better that we hand hold the employee for a longer time.........
Harikeyel

From India, Thiruvananthapuram
Leks
Hi Sneha,
I can really relate to your problem. The recruitment process in my company is really long and drawn out. So a candidate leaving within 1 month of joining would be a waste of an enormous amout of time and money.
I agree that at times the candidate does have multiple offers while joining and switches as soon as possible.
But your problem could be due to any of the three reasons
1. Wrong recruitment/selection
2. Not good enough induction
3. Sheer bad luck
You cannot do anything about the last one but taking a look at the first two possibilities might bring some insight(via effective exit interviews)
But going after a candidate just for leaving the organisation so soon(or otherwise) is really not the solution. The whole concept of 'notice period' is devised for such contingencies. So the you can only do as per the appointment letter.
Being angry and curing the symptom of a problem is not going to remedy the problem itself.
Regards,
Leks

From India, New Delhi
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