Employee left orgnization with out notice
Sunil Kumar
(Querist) 19 March 2014
This query is : Resolved
We are a small software development company with 10-15 employees .
We are taking fresh engineers on trainee basis for six month probation period and offering them stipend . On their offer letter we mention that there is 30 days notice period to left the job .
In failing to do so they have to deposit Rs. 50,000/- what company has invested on their training.
But mostly candidate do not giving any notice after 3 to 4 months and after getting their salary , they are not coming to office . Even they do not call to tell us that they had left the job.
Is there any way we can send them legal notice or can recover money we had spent on their training .
Plz advice .
Sunil Kumar
ajay sethi
(Expert) 19 March 2014
you can . insist that employees sign a bond for 6 months period . in event they leave before 6 months they shall pay sum of rs 50,000 spent on their training . in case they leave before completion of 6 months issue legal notice to employee .file suit against the employee if they refuse to pay .
Kumar Doab
(Expert) 19 March 2014
Let us view the matter from another prespective.
People join small companies and move on.
Employers recruit new people and move on.
That is how it has been, it is and it shall remain.
If this moves on like this there is no heartburn to anyone, no dispute and no litigation and NO REGRET.
You are recruiting fresher’s as ‘Trainee’ on Stipend.
Is this Training some certified course or such that it shall add some extra ordinary skills and qualification to the employee?
When did you acquire rights to this Training Programme and how much you have spent on it at that time and how many employees have been trained so far and thus what is per head expense?
How would you justify Rs.50000/head?
Liquidated expenses are not to be paid on demand and may have to be established.
The fresher’s is paid stipend that may be an amount just ( or not) sufficient to meet personal expanses and may not be even as per Min. Wages.
If the Trainee is made to work as a regular employee and he/she fetches profits for the establishment then he is not a Trainee at all……………………………………..Rather you are getting headcount that is so economical!!!!! You should be content with it.
Do you provide PF, ESIC, Gratuity etc…………………..???
Have you obtained Compulsory Insurance for Gratuity?
There are many establishments that work on your module. There are many threads to indicate that many of the employees that were chased and their unions have retaliated………………………….and some of them have updated the colleges/institutions too to blacklist such recruiters.
This is bad publicity.
The candidates and their parents have spent huge amounts on education and they want to be successful and earn a future for themselves.
If you can not offer it they shall certainly look somewhere else.
Most likely you won’t be able to extract the amounts that you aim.
The employees may also be defended by their able lawyers.
Rest is up to you.
You may proceed as deemed fit at your end.
Rajendra K Goyal
(Expert) 19 March 2014
well advised, agree with the expert ajay sethi ji.
