Hi,
I am working in a Private company in HR dept.
One of our Trainee is absent from duty from past one month. The letters which we sent to him came back stating addressee not found. Later we came to know through his parents that he is mentally ill and admitted to hospital. Now his parents are also not available in the old address and we are not aware where they are and we are not in a position to locate him . So far we have not received any written communication from him regarding his illness. Now management wants to end his training and terminate him. By doing this is there any legal issues. Can I go ahead with terminating process[IMG]https://www.citehr.com/images/icons/icon5.gif[/IMG]
Kindly inform.
Rgds,
Kakathkar
From India, Bangalore
I am working in a Private company in HR dept.
One of our Trainee is absent from duty from past one month. The letters which we sent to him came back stating addressee not found. Later we came to know through his parents that he is mentally ill and admitted to hospital. Now his parents are also not available in the old address and we are not aware where they are and we are not in a position to locate him . So far we have not received any written communication from him regarding his illness. Now management wants to end his training and terminate him. By doing this is there any legal issues. Can I go ahead with terminating process[IMG]https://www.citehr.com/images/icons/icon5.gif[/IMG]
Kindly inform.
Rgds,
Kakathkar
From India, Bangalore
Hi,
HAve you hired this trainee for a specified period. If yes, you must have mentioned in his letter that he is hired as Trainee from ............( Date ) to .............. (DATE). Beyond this date, his services are automatically terminated.
You have sent letter to his corresponding address and was returned undelievered. Send another letter stating that he is absent from the duties from ..........(DATE) and a letter sent to him letter No....... dated ....... was returnd to you. By giving another change he would report on duties within 48 hours after getting this letter.
Send this letter to his corresponding address and also to his permanenet address through registered post.
IF you will not get any responce after 15- 20 days, send a letter to him again staing that the management is giving the last chance.
If no responce, cut his name from the mustered roll.
Whenever you get the undelievered letter, do not open it. Keep it as it is in his file. Keep all the registered post slips in his file along with the copy of the letter.
This process you can apply to anyone who is absconding from the duties with taking permission in writing.
AMATYA
4HAve you hired this trainee for a specified period. If yes, you must have mentioned in his letter that he is hired as Trainee from ............( Date ) to .............. (DATE). Beyond this date, his services are automatically terminated.
You have sent letter to his corresponding address and was returned undelievered. Send another letter stating that he is absent from the duties from ..........(DATE) and a letter sent to him letter No....... dated ....... was returnd to you. By giving another change he would report on duties within 48 hours after getting this letter.
Send this letter to his corresponding address and also to his permanenet address through registered post.
IF you will not get any responce after 15- 20 days, send a letter to him again staing that the management is giving the last chance.
If no responce, cut his name from the mustered roll.
Whenever you get the undelievered letter, do not open it. Keep it as it is in his file. Keep all the registered post slips in his file along with the copy of the letter.
This process you can apply to anyone who is absconding from the duties with taking permission in writing.
AMATYA
Hi,
The term trainee is unknown to law. Have you appointed him under the provisions of Apprenticeship Act? or as a Probationer? If in your opinion he has abandoned the service you have to conduct an enquiry in to the matter as per the law. Simply you can not terminate his service. To come to a conclusion that he has abandoned the service one months period of absence is not enough. That can be termed unauthorized absence. You have keep marking him absent till his probation period (not 'training' period) gets over. Don't terminate him before conducting departmental enquiry in to the matter. You must have some documentary evidence to show why you come to the conclusion that he has abandoned the service. Term 'absconding' is unknown to labour law. In your case you have not yet served the notice to him in the eyes of law. When you don't have his present address it is expected that you publish the notice/letter calling him back in the news paper largely circulated in the local area.
S.M. Paranjape, Labour Law Consultant,
9850083760
From India, Pune
The term trainee is unknown to law. Have you appointed him under the provisions of Apprenticeship Act? or as a Probationer? If in your opinion he has abandoned the service you have to conduct an enquiry in to the matter as per the law. Simply you can not terminate his service. To come to a conclusion that he has abandoned the service one months period of absence is not enough. That can be termed unauthorized absence. You have keep marking him absent till his probation period (not 'training' period) gets over. Don't terminate him before conducting departmental enquiry in to the matter. You must have some documentary evidence to show why you come to the conclusion that he has abandoned the service. Term 'absconding' is unknown to labour law. In your case you have not yet served the notice to him in the eyes of law. When you don't have his present address it is expected that you publish the notice/letter calling him back in the news paper largely circulated in the local area.
S.M. Paranjape, Labour Law Consultant,
9850083760
From India, Pune
Dear Sir,
I am working in MNC as HR executive, in my company more than 10000 employees are working as deputees under different agencies/manpower consultancy payroll and concern is more than 1000 deputees are leaving the job without any intimation or proper submission of resignation letter, Need your advice on the following
1. How can i terminate their employment from agency side?
2. if i want to settle their F&F, what would be the procedure?
3. is there any other way to close this issue?
Please suggest..
Regards
M.Prabhu
From India, Chennai
I am working in MNC as HR executive, in my company more than 10000 employees are working as deputees under different agencies/manpower consultancy payroll and concern is more than 1000 deputees are leaving the job without any intimation or proper submission of resignation letter, Need your advice on the following
1. How can i terminate their employment from agency side?
2. if i want to settle their F&F, what would be the procedure?
3. is there any other way to close this issue?
Please suggest..
Regards
M.Prabhu
From India, Chennai
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