Hi Senior HR's
I work as HR Executive in a IT Company,her we had case that a Employee joined as trainee in january 2012 by june 2012 he is in to our company pay roll as permanent employee ,so in Dec 2012 he gave us resignation ,in the appointment it was clearly mentioned as while relieving from the company they need to produce 3 months notice period but the candidate he left the office without any intimation.We have been waited for 20 days and then after we sent him a show cause notice letter to his residential address
Now my query is if we want to send a show cause notice to such type of absconded employees what will be the waiting period from his relieving date and
- if we send a show cause notice and the candidate doesn't reply to that what action can we take
- if the notice come back because no availability of the person on the mentioned adress,next what type of action can we take.
Please any one of you help me in the situation.
From India, Hyderabad
1I work as HR Executive in a IT Company,her we had case that a Employee joined as trainee in january 2012 by june 2012 he is in to our company pay roll as permanent employee ,so in Dec 2012 he gave us resignation ,in the appointment it was clearly mentioned as while relieving from the company they need to produce 3 months notice period but the candidate he left the office without any intimation.We have been waited for 20 days and then after we sent him a show cause notice letter to his residential address
Now my query is if we want to send a show cause notice to such type of absconded employees what will be the waiting period from his relieving date and
- if we send a show cause notice and the candidate doesn't reply to that what action can we take
- if the notice come back because no availability of the person on the mentioned adress,next what type of action can we take.
Please any one of you help me in the situation.
From India, Hyderabad
There is no misconduct involved here to issue a charge sheet to the employee. He has given his resignation letter and he has not given three month's notice. So the liability from his side is to make payment in lieu of notice period.
T Sivasankaran
From India, Chennai
T Sivasankaran
From India, Chennai
Dear ,
In this case employee already resigned from service but without notice period he
have gone also without intimation ,you should have to send him a letter about to deposit notice period wages as mention to employer & clear your Full & final from the employer other wise employer will take suitable legal action against you & close the file.
Regards,
Vishal
From India, Haldwani
In this case employee already resigned from service but without notice period he
have gone also without intimation ,you should have to send him a letter about to deposit notice period wages as mention to employer & clear your Full & final from the employer other wise employer will take suitable legal action against you & close the file.
Regards,
Vishal
From India, Haldwani
Thank you so much,
I would llike to know by how many days we can send the show cuase notice to the candidate from his unauthorized abscence
and also if the candidate neither pay the deposit amount of notice period nor give any explanation then what would be the next step taken.
From India, Hyderabad
I would llike to know by how many days we can send the show cuase notice to the candidate from his unauthorized abscence
and also if the candidate neither pay the deposit amount of notice period nor give any explanation then what would be the next step taken.
From India, Hyderabad
Firstly you have to send him first letter for unauthorized absence ,if he did’t came
then after 3days again you have to send him second letter for the same after 3days
if you not got positive result then you have to send him Ist show cause if
he didn’t came then you should take disciplinary action against him
as per principal nature of justice .
Second ,if candidate not deposit amount of notice period then you can take him legal action
otherwise close the file it is totally depend upon your management .
From India, Haldwani
then after 3days again you have to send him second letter for the same after 3days
if you not got positive result then you have to send him Ist show cause if
he didn’t came then you should take disciplinary action against him
as per principal nature of justice .
Second ,if candidate not deposit amount of notice period then you can take him legal action
otherwise close the file it is totally depend upon your management .
From India, Haldwani
I agree with Sivashanakaran. When an employee has submitted his resignation, how you can construe it as absconding and unauthorised absence. You should verify whether he has complied wth notice period as per the terms of contract. If not, you can make a claim for wages in lieu of notice period and if he does not comply still, take recourse to necessary remedies available to you under the terms of contact or law such as adjusting notice pay against dues payable to him etc.
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
B.Saikumar
HR & labour Law Advisor
Mumbai
From India, Mumbai
Dear Mr Saikumar,
I beg to differ with you and T. Sivasankaran. To stop reporting for duty without notifying the cause of absence, is nothing but "abandonment of duty". Mere submission of letter of resignation cannot become ground for stoppage of reporting for duty. Employee has to serve till cessation of employer-employee relationship. This relationship is born out of acceptance of letter of appointment by the employee. The poster of this post i.e. Sravanthi has clearly mentioned that the notice period was for three months.
For Sravanthi: - On receipt of letter of resignation from the said employee, you should have issued to him letter of "Acceptance of Resignation". In this letter you could have reminded to the employee provisions of separation mentioned in the appointment letter. This would have strengthened your case.
Send one more letter to the absconding employee. Further course of action would depend on the willpower of your management. If your management has strong willpower then send the lawyer's notice as to why legal action should not be pursued for recovery of the wages in lieu of employment. If employee does not respond to the lawyer's also then let the lawyer lodge the police complaint.
I am recommending you to do all this so that it becomes deterrent to the serving employees. When you become tough against these truant employees, it sends a signal to one and all on what could be stored for them for their wayward behaviour. This is how the organisation's culture is shaped. If you do not take tough action in coming months there would be few more such cases.
If you wish to pursue legal option in its entirety, then do not strike the name of the employee till you conduct the domestic enquiry. For this your lawyer will advice you.
Ok...
Dinesh V Divekar
From India, Bangalore
I beg to differ with you and T. Sivasankaran. To stop reporting for duty without notifying the cause of absence, is nothing but "abandonment of duty". Mere submission of letter of resignation cannot become ground for stoppage of reporting for duty. Employee has to serve till cessation of employer-employee relationship. This relationship is born out of acceptance of letter of appointment by the employee. The poster of this post i.e. Sravanthi has clearly mentioned that the notice period was for three months.
For Sravanthi: - On receipt of letter of resignation from the said employee, you should have issued to him letter of "Acceptance of Resignation". In this letter you could have reminded to the employee provisions of separation mentioned in the appointment letter. This would have strengthened your case.
Send one more letter to the absconding employee. Further course of action would depend on the willpower of your management. If your management has strong willpower then send the lawyer's notice as to why legal action should not be pursued for recovery of the wages in lieu of employment. If employee does not respond to the lawyer's also then let the lawyer lodge the police complaint.
I am recommending you to do all this so that it becomes deterrent to the serving employees. When you become tough against these truant employees, it sends a signal to one and all on what could be stored for them for their wayward behaviour. This is how the organisation's culture is shaped. If you do not take tough action in coming months there would be few more such cases.
If you wish to pursue legal option in its entirety, then do not strike the name of the employee till you conduct the domestic enquiry. For this your lawyer will advice you.
Ok...
Dinesh V Divekar
From India, Bangalore
Dear Mr.Dinesh
In the light of your views on the post, I have again gone through the details of the query. There is substance in what you said since the employee though submitted the resignation, stopped attending office during the notice period. However it is also not clear from the query whether there is any clause in the appointmnet letter to enable the employee three months wages in lieu of notice. Thanks.
B.Saikumar
Mumbai
From India, Mumbai
In the light of your views on the post, I have again gone through the details of the query. There is substance in what you said since the employee though submitted the resignation, stopped attending office during the notice period. However it is also not clear from the query whether there is any clause in the appointmnet letter to enable the employee three months wages in lieu of notice. Thanks.
B.Saikumar
Mumbai
From India, Mumbai
I was clarifying the legal position and I have not mentioned about what is good or bad for an organisation.
The post talked about show cause notice and a show cause notice is always associated with a "Misconduct"
Submitting resignation without notice can, in no stretch of imagination, be construed as a "Misconduct" If he has not mentioned about bis relieving date, it can only be construed that he is prepared to fulfill the conditions ....either serve three months or pay three months' notice pay. Hence all your communications should be restricted to this contractual liability of three months notice or three months' notice pay
I had never been in favour of initiating action against someone so that it can act as a deterrent to others.
Additional claims the management can make:if one wants to be tough:
1. List of any items issued to him like laptop ,vehicle etc and claim that these assets of the company had not been surrendered and hence payment in lieu of the same.
2. List documents and jobs in his possession and claim that he has not handed over the pending jobs and documents . Mention that any loss arising out this will be recovered from him
3. any advance paid to him can be mentioned for recovery
The point I as making in my first post was that "this is not a misconduct" and the Management can not issue a "Show Cause Notice" for the same.
Issue letters mentioning only about contractual liability. He has not abandoned employment. He has not followed the following
1. Has not fulfilled condition on Notice period
2. Has not handed over charge of duties in a proper manner
T Sivasankaran
From India, Chennai
The post talked about show cause notice and a show cause notice is always associated with a "Misconduct"
Submitting resignation without notice can, in no stretch of imagination, be construed as a "Misconduct" If he has not mentioned about bis relieving date, it can only be construed that he is prepared to fulfill the conditions ....either serve three months or pay three months' notice pay. Hence all your communications should be restricted to this contractual liability of three months notice or three months' notice pay
I had never been in favour of initiating action against someone so that it can act as a deterrent to others.
Additional claims the management can make:if one wants to be tough:
1. List of any items issued to him like laptop ,vehicle etc and claim that these assets of the company had not been surrendered and hence payment in lieu of the same.
2. List documents and jobs in his possession and claim that he has not handed over the pending jobs and documents . Mention that any loss arising out this will be recovered from him
3. any advance paid to him can be mentioned for recovery
The point I as making in my first post was that "this is not a misconduct" and the Management can not issue a "Show Cause Notice" for the same.
Issue letters mentioning only about contractual liability. He has not abandoned employment. He has not followed the following
1. Has not fulfilled condition on Notice period
2. Has not handed over charge of duties in a proper manner
T Sivasankaran
From India, Chennai
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