Hi,
Please guide me on the below query: "In case of an employee absconding on day two of his joining, what kind of formalities need to be done by HR?"
Does absent show cause hold good in this case, or would direct termination suffice? In case of termination, what should be the hold time after which this action needs to be taken?
Let me know of any other actions that I have missed to be taken up in such cases.
Regards.
From India, Hyderabad
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Please guide me on the below query: "In case of an employee absconding on day two of his joining, what kind of formalities need to be done by HR?"
Does absent show cause hold good in this case, or would direct termination suffice? In case of termination, what should be the hold time after which this action needs to be taken?
Let me know of any other actions that I have missed to be taken up in such cases.
Regards.
From India, Hyderabad
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You need to issue him 2 warning letters, delivered to his place, and then can terminate him, sending him a copy of the termination letter as well.
Remember to keep all the records for the letters that you'll post along with their photocopies.
From India, Delhi
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9Remember to keep all the records for the letters that you'll post along with their photocopies.
From India, Delhi
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Hi,
Thank you for the clarification. I have one more doubt here – during the probation period, the company holds the right to terminate without notice at its discretion. So, why waste so much effort and money? Why not opt for direct termination? Your terms would be more favorable if the employee stays with the company at least until they are confirmed.
Can this be ruled on?
Regards.
From India, Hyderabad
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Thank you for the clarification. I have one more doubt here – during the probation period, the company holds the right to terminate without notice at its discretion. So, why waste so much effort and money? Why not opt for direct termination? Your terms would be more favorable if the employee stays with the company at least until they are confirmed.
Can this be ruled on?
Regards.
From India, Hyderabad
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Absconding from duty for two days without information or sanction of leave from the competent authority is misconduct. However, without knowing the reasons, one should not proceed further in the matter. A charge sheet can be issued to the concerned employee for remaining absent from duty without information or sanction of leave from the competent authority.
After receiving the reply to the charge sheet from the employee, the disciplinary authority has to decide whether the reply to the charge sheet is satisfactory or not. If the competent authority does not find the reply to the charge sheet satisfactory, further course of action can take place. However, it is essential to keep in mind that without holding a proper inquiry, an employee cannot be terminated, as per the law; otherwise, termination can be challenged in the Labour Court, resulting in a miscarriage of justice.
Regards,
Mohamad Rafq.
From India, Jaipur
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After receiving the reply to the charge sheet from the employee, the disciplinary authority has to decide whether the reply to the charge sheet is satisfactory or not. If the competent authority does not find the reply to the charge sheet satisfactory, further course of action can take place. However, it is essential to keep in mind that without holding a proper inquiry, an employee cannot be terminated, as per the law; otherwise, termination can be challenged in the Labour Court, resulting in a miscarriage of justice.
Regards,
Mohamad Rafq.
From India, Jaipur
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Always ignore the matter if any newly joined employee is not willing to come to work within 7 to 30 days of starting the job (absconding is a harsh term unless you receive a call from their home or have a significant impact on their life or future). If the employee decides to return after some time, take the opportunity to understand the underlying reasons and consider giving them a second chance. Termination should not be the immediate course of action simply because the new employee was absent.
P. Rao - Senior Manager
From India, Mumbai
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P. Rao - Senior Manager
From India, Mumbai
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Of course, a probationer, as per the prescribed provision of the organization about termination "without notice" can be resorted to.
But, never take any hasty step just on a presumption basis unless you are really sure that the employee/probationer is absenting willingly and unauthorizedly. Humanitarian grounds should never be lost sight of if you want loyalty and sincerity from employees. There may be some compulsion with the probationer, like an accident of self or a family member, death of any near relative, sudden serious illness of self or a family member.
If the candidate has a contact number, you must try to contact him or his family members by phone or through some messenger. If you find some evasive response, only then can you be sure to some extent that the candidate does not want to serve your organization. Get the outcome of contact recorded and bring that to the notice of the competent authority. Only then decide whether to serve him a notice for unauthorized absence or terminate without notice upon getting a formal decision of the competent authority.
PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
dcgroup1962@gmail.com
From India, Delhi
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But, never take any hasty step just on a presumption basis unless you are really sure that the employee/probationer is absenting willingly and unauthorizedly. Humanitarian grounds should never be lost sight of if you want loyalty and sincerity from employees. There may be some compulsion with the probationer, like an accident of self or a family member, death of any near relative, sudden serious illness of self or a family member.
If the candidate has a contact number, you must try to contact him or his family members by phone or through some messenger. If you find some evasive response, only then can you be sure to some extent that the candidate does not want to serve your organization. Get the outcome of contact recorded and bring that to the notice of the competent authority. Only then decide whether to serve him a notice for unauthorized absence or terminate without notice upon getting a formal decision of the competent authority.
PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
dcgroup1962@gmail.com
From India, Delhi
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Dear colleague,
The safest way is the option given by Riah.
But Rajkumar has provided food for thought. I am reminded of a story which was quoted to me a long time back.
It was announced by God to the dead people when they went up to him to choose between Heaven and Hell (the choice was left to them).
They were given the opportunity to visit both Heaven and Hell. Surprisingly, when they visited Heaven, they observed that people were in agony, pain, and were tortured, but the scene in Hell was quite the opposite; people were enjoying, having fun, etc.
Finally, when they all went up to God, most chose to go to Hell. God agreed and sent them accordingly. But the scene in Hell had changed. In short, what they observed in Heaven was transformed into Hell and vice versa. (The scenes were what we have heard from our elders - Original Heaven and Hell)
So it is important for HR professionals like us to really project what our organization's culture is right from day one and not to paint a rosy picture to the candidate before his joining or immediately after he joins. If you don't give him the real picture, you are bound to face such surprises.
But I would not blame the culture that exists in your organization. Each organization has its own culture. The point I am trying to make is to explain it to the new entrants so that they are not taken by surprise. Also, try to create an atmosphere/culture that will retain candidates. Retain good practices in your current organization and try to minimize the harsh/impractical practices and replace them with positive practices for better employee retention. This suggestion is because employee retention is the biggest challenge we face these days.
Best regards,
M.V. Kannan
From India, Madras
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The safest way is the option given by Riah.
But Rajkumar has provided food for thought. I am reminded of a story which was quoted to me a long time back.
It was announced by God to the dead people when they went up to him to choose between Heaven and Hell (the choice was left to them).
They were given the opportunity to visit both Heaven and Hell. Surprisingly, when they visited Heaven, they observed that people were in agony, pain, and were tortured, but the scene in Hell was quite the opposite; people were enjoying, having fun, etc.
Finally, when they all went up to God, most chose to go to Hell. God agreed and sent them accordingly. But the scene in Hell had changed. In short, what they observed in Heaven was transformed into Hell and vice versa. (The scenes were what we have heard from our elders - Original Heaven and Hell)
So it is important for HR professionals like us to really project what our organization's culture is right from day one and not to paint a rosy picture to the candidate before his joining or immediately after he joins. If you don't give him the real picture, you are bound to face such surprises.
But I would not blame the culture that exists in your organization. Each organization has its own culture. The point I am trying to make is to explain it to the new entrants so that they are not taken by surprise. Also, try to create an atmosphere/culture that will retain candidates. Retain good practices in your current organization and try to minimize the harsh/impractical practices and replace them with positive practices for better employee retention. This suggestion is because employee retention is the biggest challenge we face these days.
Best regards,
M.V. Kannan
From India, Madras
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Dear friend,
It is very clear that he is not interested in his job or your company. He might have had another offer. Having worked for ONE DAY, what an employee expects? The principles of natural justice, and opportunity to be heard, etc., are to be considered only when someone puts in a considerable number of years of service in an organization. In this case, we are not violating any law. A person before joining made an effort to go to the company's website and tried to understand the company's background, etc. Can't he have the courtesy to inform the authorities that because of such and such a reason he could not turn up for duty? Does he not have the phone number of the company? If this is the attitude he exhibits, that too the very next day of having joined the company, what kind of commitment can you expect from him?
You know something. There are a lot of people who suddenly disappear without any information and work in some other organization with an offer. They work for 10 - 15 days or so, and if they like the job, they stay back, and if they don't, they come back saying that they had jaundice, one of their close relatives died, they met with an accident, etc., and bring a (false) doctor's certificate. What do you say to this attitude? Establishing their claim, whether it is genuine or not, is a different issue.
In your case, you do not have to initiate any letter to be sent to him. Just keep quiet. Don't even load his data onto the payroll master for processing salary. Don't even consider him as an employee. If at all he turns up later, depending on the merits of the case, you can decide to have him (as a new joinee) or otherwise.
I am not for this attitude.
V. Balaji
From India, Madras
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It is very clear that he is not interested in his job or your company. He might have had another offer. Having worked for ONE DAY, what an employee expects? The principles of natural justice, and opportunity to be heard, etc., are to be considered only when someone puts in a considerable number of years of service in an organization. In this case, we are not violating any law. A person before joining made an effort to go to the company's website and tried to understand the company's background, etc. Can't he have the courtesy to inform the authorities that because of such and such a reason he could not turn up for duty? Does he not have the phone number of the company? If this is the attitude he exhibits, that too the very next day of having joined the company, what kind of commitment can you expect from him?
You know something. There are a lot of people who suddenly disappear without any information and work in some other organization with an offer. They work for 10 - 15 days or so, and if they like the job, they stay back, and if they don't, they come back saying that they had jaundice, one of their close relatives died, they met with an accident, etc., and bring a (false) doctor's certificate. What do you say to this attitude? Establishing their claim, whether it is genuine or not, is a different issue.
In your case, you do not have to initiate any letter to be sent to him. Just keep quiet. Don't even load his data onto the payroll master for processing salary. Don't even consider him as an employee. If at all he turns up later, depending on the merits of the case, you can decide to have him (as a new joinee) or otherwise.
I am not for this attitude.
V. Balaji
From India, Madras
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Hi,
With all respect to Mr. Balaji and others out here who have posted their views,
If the company has issued the candidate the appointment letter, then it's better to play it safe (for the company and as per the law) and send him warning letters as advised by Riah. Please ensure to keep a copy of it, and the letter should be sent by Government Registered post only with acknowledgment due, and finally, the termination letter.
In case the company has not issued him the appointment letter, then as advised by Mr. Balaji, no action is required, and the company can demonstrate that an offer has been made to him; however, the candidate has not joined.
Regards,
Sachin
From India, Calcutta
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With all respect to Mr. Balaji and others out here who have posted their views,
If the company has issued the candidate the appointment letter, then it's better to play it safe (for the company and as per the law) and send him warning letters as advised by Riah. Please ensure to keep a copy of it, and the letter should be sent by Government Registered post only with acknowledgment due, and finally, the termination letter.
In case the company has not issued him the appointment letter, then as advised by Mr. Balaji, no action is required, and the company can demonstrate that an offer has been made to him; however, the candidate has not joined.
Regards,
Sachin
From India, Calcutta
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