Dear Team,
Please help us in knowing the procedure.
1. What steps can be taken by an employer towards the employee who break the bond?
2. Do we have any HR Site where we can blacklist an employee?
3. Any inputs for retention?
Regards
H R Department
From India, Mumbai
Please help us in knowing the procedure.
1. What steps can be taken by an employer towards the employee who break the bond?
2. Do we have any HR Site where we can blacklist an employee?
3. Any inputs for retention?
Regards
H R Department
From India, Mumbai
Dear HRD,
Question 1 -
There are two ways normally an employee breaks the bond, either he/she absconds or he serves a notice regarding his unwillingness to discontinue the service.
In either of the cases, Company reserves the right to initiate legal actions against the employee. (provided the Employment Bond is made as per the legal requirements, justifies the reason behind such a bond and is accepted by the employee)
A copy of the bond or clauses included, if provided herewith, would have helped in validating the Employment Bond.
a) In case of absconding, the company is supposed to issue a Internal Memo to the employee, requesting him to report duty immediately. If there is nil response, a second Internal Memo to be sent, stating violation regarding the standing instructions of the company, i.e. absenteeism, and report back immediately. If there is no response again, a letter clearly explaining the clauses of the bond, threatening to take legal action against breaking bond or pay the compensation mentioned thereof. All the above communication to be sent by registered post to the residence address with copy to the 'surety' person stated in the bond).
b) Against the notice served by employee, company can issue a explanation letter clearly explaining the clauses of the bond, resulting in legal action against breaking bond or pay the compensation mentioned thereof.
If the issue is not solved amicably, company through their legal department / lawyer can start the legal proceedings.
The employee will not be issued a reliving letter or service certificate, which disqualifies him to join a potential new employer. Any background verification done against his name will be returned with negative feedback.
Question - 2,
At an organised level, there is no website where u can blacklist an employee. I am not so sure about there are industry specific (IT,Telecon, etc.) websites where employees in that particular sector can be blacklisted. Answer is NO.
Questiion - 3,
Retention only if the employee's expertise is required by the company till the end of bond period, if he/she is associated with any project and his/her presence is essential for the completion of the project.
From India, Mumbai
34Question 1 -
There are two ways normally an employee breaks the bond, either he/she absconds or he serves a notice regarding his unwillingness to discontinue the service.
In either of the cases, Company reserves the right to initiate legal actions against the employee. (provided the Employment Bond is made as per the legal requirements, justifies the reason behind such a bond and is accepted by the employee)
A copy of the bond or clauses included, if provided herewith, would have helped in validating the Employment Bond.
a) In case of absconding, the company is supposed to issue a Internal Memo to the employee, requesting him to report duty immediately. If there is nil response, a second Internal Memo to be sent, stating violation regarding the standing instructions of the company, i.e. absenteeism, and report back immediately. If there is no response again, a letter clearly explaining the clauses of the bond, threatening to take legal action against breaking bond or pay the compensation mentioned thereof. All the above communication to be sent by registered post to the residence address with copy to the 'surety' person stated in the bond).
b) Against the notice served by employee, company can issue a explanation letter clearly explaining the clauses of the bond, resulting in legal action against breaking bond or pay the compensation mentioned thereof.
If the issue is not solved amicably, company through their legal department / lawyer can start the legal proceedings.
The employee will not be issued a reliving letter or service certificate, which disqualifies him to join a potential new employer. Any background verification done against his name will be returned with negative feedback.
Question - 2,
At an organised level, there is no website where u can blacklist an employee. I am not so sure about there are industry specific (IT,Telecon, etc.) websites where employees in that particular sector can be blacklisted. Answer is NO.
Questiion - 3,
Retention only if the employee's expertise is required by the company till the end of bond period, if he/she is associated with any project and his/her presence is essential for the completion of the project.
From India, Mumbai
I do not want to dwell too much on this subject as basically I do not believe in having a sevice Contract signed by an employee unless there had been real training inputs.
Or there can be Contracts at senior level for three year or five year contract
However, regarding the term black list, I woul like to caution that any publicity of regarding an individul "black listing' him or her will mean infringement of his fundamental rights Sharing information between two organisation is perfectly ok But making a publicity of the same in site is not desirable
As HR people we should also think for a minute what could happen to us if such information is publicised about us in a site
Thanks
Sivasankaran
From India, Chennai
Or there can be Contracts at senior level for three year or five year contract
However, regarding the term black list, I woul like to caution that any publicity of regarding an individul "black listing' him or her will mean infringement of his fundamental rights Sharing information between two organisation is perfectly ok But making a publicity of the same in site is not desirable
As HR people we should also think for a minute what could happen to us if such information is publicised about us in a site
Thanks
Sivasankaran
From India, Chennai
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