Dear Fellow Members,
My organization is stuck in a peculiar situation. One permanent worker has been absent since Oct 2020.
Initially he stated that he has a medical issue and used to contact HR regularly with his health updates and medical reports.
However, over the last 8 months or so, he has stopped contacting HR and also stopped picking up our calls. We have sent him 3 letters by registered post AD asking him to report to work. While all three letters have been received (we have the acknowledgement cards) he has neither responded to any nor reported back to work.
I know we have erred in handling this case; but my question is what can we now do about him? Can he be terminated as absconder? What more need to be done by us to have him struck off our rolls?
Please advice.
Regards
Arun
From India, Kochi
45My organization is stuck in a peculiar situation. One permanent worker has been absent since Oct 2020.
Initially he stated that he has a medical issue and used to contact HR regularly with his health updates and medical reports.
However, over the last 8 months or so, he has stopped contacting HR and also stopped picking up our calls. We have sent him 3 letters by registered post AD asking him to report to work. While all three letters have been received (we have the acknowledgement cards) he has neither responded to any nor reported back to work.
I know we have erred in handling this case; but my question is what can we now do about him? Can he be terminated as absconder? What more need to be done by us to have him struck off our rolls?
Please advice.
Regards
Arun
From India, Kochi
Pl send one more letter by registered post asking him to report for duty by a specified date failing which it will be presumed that the employee has no interest to serve the organisation any further and accordingly his name shall be struck off the rolls of the company. If you have already written to the employee so, you can take further action to remove him from your rolls. The employee can be made liable to pay for the notice period also. There are a number of cases wherein the Courts have held that an employer need not wait indefinitely for an employee.
From India, Mumbai
From India, Mumbai
If workman is fully recovered and avoiding his duties, please issue him charge-sheet in accordance with the applicable standing orders and remove him once the charges are proved.
Organization is not a charity to accommodate such irresponsible workman. Even if his illness is continued, we can ask him to resign and if he is not ready, please remove him based on the continues illness which does not amount to retrenchment.
He is not with you and you have to strike off his name from the rolls of the Company ensuring that due procedure is followed otherwise it may bounce back. Even after receiving charge sheet, he comes back, please dont allow him and suspend him from duty pending enquiry. Your action will also give indirect message to other indisciplined workmen.
Dr Kamlesh Agrawal
From India, Delhi
Organization is not a charity to accommodate such irresponsible workman. Even if his illness is continued, we can ask him to resign and if he is not ready, please remove him based on the continues illness which does not amount to retrenchment.
He is not with you and you have to strike off his name from the rolls of the Company ensuring that due procedure is followed otherwise it may bounce back. Even after receiving charge sheet, he comes back, please dont allow him and suspend him from duty pending enquiry. Your action will also give indirect message to other indisciplined workmen.
Dr Kamlesh Agrawal
From India, Delhi
Dear Colleague,
You may start from current situation of 3 letters sent by following the below steps on this disciplinary case:
1. Send Official Charge Sheet and mention all the reference of 3 letters already sent as well as the period of absence by connecting the Standing Order or Service Rules or mentioning terms of appointment
2. Direct him to submit his explanation for the absence of such long period of time in writing to the management. If he responds by sending letter then study and then if not factual, then reject the explanation with clear letter (And/OR) In case if there is still not reply ......then send notice for Domestic Enquiry after appointing any neutral / internal or external enquiry officer as provided under Standing order or disciplinary procedures of the company.
3. Communicate the details of enquiry officer / date / venue of enquiry etc to the last know address
4. If the employee appears for enquiry given him all opportunity to explain his side in the enquiry and management also to present the case to the enquiry officer. Then conclude the enquiry.
5. If the employer is not attending to the enquiry, then after giving reasonable opportunity, then the enquiry officer will post the Ex-parte Enquiry. Then conclude the enquiry
6. Based on the enquiry findings, issue second show cause notice as to Why he should not be terminated from the services
7. Then based on his reply, you may terminate the employee from the services. This is the common steps to be followed.
Move for clear disciplinary process and conclude the matter appropriately.
From India, Chennai
You may start from current situation of 3 letters sent by following the below steps on this disciplinary case:
1. Send Official Charge Sheet and mention all the reference of 3 letters already sent as well as the period of absence by connecting the Standing Order or Service Rules or mentioning terms of appointment
2. Direct him to submit his explanation for the absence of such long period of time in writing to the management. If he responds by sending letter then study and then if not factual, then reject the explanation with clear letter (And/OR) In case if there is still not reply ......then send notice for Domestic Enquiry after appointing any neutral / internal or external enquiry officer as provided under Standing order or disciplinary procedures of the company.
3. Communicate the details of enquiry officer / date / venue of enquiry etc to the last know address
4. If the employee appears for enquiry given him all opportunity to explain his side in the enquiry and management also to present the case to the enquiry officer. Then conclude the enquiry.
5. If the employer is not attending to the enquiry, then after giving reasonable opportunity, then the enquiry officer will post the Ex-parte Enquiry. Then conclude the enquiry
6. Based on the enquiry findings, issue second show cause notice as to Why he should not be terminated from the services
7. Then based on his reply, you may terminate the employee from the services. This is the common steps to be followed.
Move for clear disciplinary process and conclude the matter appropriately.
From India, Chennai
When the workman is absent for 17 months continuously, the presumption of having voluntarily left the services could lie. The disciplinary process with ensuring communication to the employee at various stages could be time consuming and is avoidable. If there is a provision in the applicable rules to draw the presumption it could be used. I have defended more than a dozen cases of this nature.
From India, Mumbai
From India, Mumbai
To my understanding, the facts suggest that the employee has voluntarily and willfully abandoned his job. As such, he could be terminated/removed from employment without resorting to charge sheet or disciplinary proceedings.
From India, Kochi
From India, Kochi
I feel better to find out if he is working with some other employer or is engaged in something else so that he is not coming to work. In that case, why issue a chargesheet and lengthen the procedure. Contact him peersonally or over phone and remove his name.
Vibhakar Ramtirthkar. Pune.
From India, Pune
Vibhakar Ramtirthkar. Pune.
From India, Pune
Any presumption about the status of the employee - left of his own, engaged in certain other organizations etc. etc. will not be accepted by the law. There may be verdict to terminate any employee who is absenting for long period.
It is essential to follow the PNJ properly as mentioned by Dr.P. Sivakumar to avoid any future complications. It will be even better if one advertisement in the local news paper stating the termination of the employment is published.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions,
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
It is essential to follow the PNJ properly as mentioned by Dr.P. Sivakumar to avoid any future complications. It will be even better if one advertisement in the local news paper stating the termination of the employment is published.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions,
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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Average annual hours actually worked per worker.rar
NOTIFICATION_PF _INTERNATIONAL WORKER.pdf
Absent from duty.doc