Resignation and offer from other employer
Atul Joshi
(Querist) 05 March 2012
This query is : Resolved
Hello,
One my employee has resigned from the post and we accepted the resignation letter. The employee post acceptance for the resignation has absconded from the services without getting properly relieved from the organization. The employee has not signed the clearance forms which is mandatory for the client project which he was working on. This is one of the binding requirement from the client as a part of the contract that, all the employees working on relationship while leaving need to sign the confidentiality clause that, they have not copied source code for any IP related artifacts.
The employée was not reachable and traceable. Through social media, we came to know about the new employer he has joined. we have written to the HR of the company and HR responded that, resignation and acceptance is enough for them to offer the job to the employee.
Client has threatened a legal action against the ex. employee.
Would like to know --
1. What action can be taken against the absconded employee and how we are protected from the client legal action.
2. what is the new employer's responsibility and ownership in this matter as they recruited people without appropriate clearance from us.
Regards,
Atul
Deepak Nair
(Expert) 05 March 2012
The new employer cannot be held responsible for any dealings between you and the employee. No action can be taken against them.
You need to send a notice to the said employee to complete the formalities.
You will not be benifitted from any legal action taken against hte said employee as the same may result in waste of time, money and efforts.
ajay sethi
(Expert) 05 March 2012
contact a local lawyer . company can afford legal fees.
Guest
(Expert) 05 March 2012
Client can sue the ex-employee of the company. Action against your company depends upon the terms of MOU/ agreement entered in to by the company with the client.
New employer is least concerned with your client's terms or the employee's defiance of terms entered in to with his past employer or the client.
You may better plug the loopholes by hiring some services expert in order to avoid any such instance to happen in the future.
Atul Joshi
(Querist) 05 March 2012
Thanks a lot for your response.. I will take the appropriate legal help. I am more worried that, if the next employer can be a party to it then these instances will keep on happening as ex employer has no control over its employee who are leaving except the legal action. The next employer should be discourage to offer employment if there is no clearance. Its not only the dual employment but also the legal binding the employee needs to be meet before leaving the company.
Guest
(Expert) 05 March 2012
You are welcome.
Sudhir Kumar, Advocate
(Expert) 05 March 2012
Mr Dhingra and Mr Nair have already told you what the law is.
Such liability can be fastened on new employer only if both the employers are Govt bodies.
Your concern against new employer may genuine. He has a right to his own trade and he never asked you to employ him and then accept his resignation.
Society cannot be put back to the days of slavery. In ancient Rome it was heard that an employer could be punished for staling slaves. Your proposal is prima-facie against human rights. One is free to change his profession and one is free to engage a labour suitable to his trade. This is their fundamental right.
When you contacted with your client for confidentiality bond whether your ex-employee was a party to such contract? If no than the client of you is stranger.
Please consider can a stranger come and change the terms of employment entered with you and your employee without the same entered as per Standing Order Act.
Has he done any IPR infringement against you client then it is no more a question of Labour Law. Let your client deal with him.
His present employer can be proceeded against (not as employer) if getting benefitted from such infringement.
You cannot even stop the PF of this employee.
Deepak Nair
(Expert) 07 March 2012
Well explained by Mr.Sudhir
Kirti Kar Tripathi
(Expert) 08 March 2012
You can not force his new employer to take any action against any act committed by him in your organisation. Since, you have accepted his resignation, you also do not have any control over him. So no disciplinary action can be taken against him. However, if he has committed any criminal act, you complaint to police or take legal recourse. in case, there exist any contractual liability on him you have file civil suit. So it better to consult local lawyer.
prabhakar singh
(Expert) 12 March 2012
And if you need it to be a must or think it to be proper why employers at all should have right to fire at employees???????????????
