Employee threatening to employer

state the facts? 

Time Pass !!!!

The employee can be issued a charge memo for "insubordination", "willful disobedience of lawful orders of superior" and indecent conduct and other indiscipline in dealing with superiors.

What is the reason that the employee threatening the employer?

Is he a government employee?

The employer can very well initiate disciplinary action action against the employee for such acts of  intimidation.

Section 152 IPC sttes:

Assaulting or obstructing public servant when suppressing riot, etc.—Whoever assaults or threatens to assault, or ob­structs or attempts to obstruct, any public servant in the dis­charge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

You may revert with more details if you are really interested in knowing the detailed opinion. 

Hi Seniors 

I don't know how brief facts of the case was missing here. Sorry for the inconvenience.

Can you please find the below facts!

It's a private organization.

One employee sent a resignation mail to Hr and Top Management also! The employee has a right to leave the company at any time with a specific notice period. In my Org, we have 3 months notice period is there, employe knows all the terms and conditions very well, and he has 4.5 years of experience my company!

After sending the resignation mail, one of our Management people sent a resignation rejected mail to a concerned employee!

Reson for rejections:

1. Employee has company work permit visa up to 2023

2. Employee went to on-site Dec 2019. After nine months employee back to India due to his personal grounds with 2 weeks of personal leave.

3. Due to the pandemic unable to travel on-site, he's working from India and continuing his work. There are no issues here. 

4. Afte completing the pandemic we are planning to send to on-site along with his family -already employee have a this info

Still, the project is going on, and he has a company work permit, and we invested a lot of money. This is the reason we said to the employee needs to stay until the work permit ends!

After the employee talks to all senior and management people, but everyone says the same things, the management decision is final.

One fine day employee calls to My HR manager, and he said, " If I didn't get a resignation acceptance email from you, I would commit suicide, and your all are harassing me unable to concentrate on work, and I am not interested in working for your company" This is call summary.

In this situation, what kind of actions we need to take on him! Please advice

Thanks in advance

Regards

Vinodkumar.M

It is the management that has to take decisive action. These kinds of threats are common in India.  No one can commit suicide while having a good job abroad with a family to support.  HR can issue a notice to him, that the kinds of threats are illegal and state his threats as verbatim, and in the same notice, it can be clearly stated that it is not possible to accept the resignation as accepting is against agreement terms and involves financial stakes.  Invariably, quote verbatim threats, so that there is a record for everything and to whom the threats were addressed and in whose presence (Witness).  You may even state that if the employee fails to report immediately within ............days, the absence has to be treated as unauthorized and all these actions preserving their right of recovery of such amounts spent/lost by the organization on the employee. 

The queriest without providing basic inputs assuming that the forum members can read in between lines is not proper.  There is no litigation involved in the issue

 Under the Indian Law, the employment agreements with negative covenants is valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake and misrepresentation.

The Indian courts have held that in the event of a breach of contract by the employee, the employer shall be entitled to recover damages only if a considerable amount of expenditure was borne by the employer. Indian law mandates the employment bonds to be “reasonable” in order to be valid. The term reasonable remains undefined anywhere in the Indian law and therefore the courts have given meaning to “reasonable” depending upon the facts and circumstances of the cases. The proposition which has emerged till now is that conditions stipulated in the contract should be necessary to protect the interest of the employer and compensate the loss caused by breach of contract. Additionally, the penalty or compulsory employment period stipulated should not exorbitant.

You can take action against the agitating employee for not complying/obeying the employment offer conditions, especially in view of te huge expenses incurred to the company uer to the onsite work permit to the employee concerned.

You can invoke the clauses that are applicable for recovery of the amount spent on him proportionately by deducting the period he  had already worked in the said agreement.

You can take the advise of your company's legal advisor or can  take the assistance of a lawyer outside to tackle this  issue legally.