Dear All, We are into facility management/service business. And our 99% staff are 4th class employees. Since a long we are facing a problem that employee leave the job at his/her own, being into service industry we have to provide replacement immediately without fail as per the terms & condition of the tender. Finding a replacement is not a problem for us. since the last four-five years a new problem is arising that employees leave the job and come after 3-4 months or more than that asking for employment.
Recently a lady put a case in the labor department after 3 years that we fired her without notice and she want her job back. The actual situation is she went on leave and did not return back. Normally we wait for a week if employee do not turn back we deploy new manpower. At the time of appointment we tell them to give us one month notice or at least one week notice while leaving the job and same is also applicable on us. we take sign on paper also. But nothing work. Everybody threaten labor department. Till now We have sorted out this kind of situation diplomatically and some time at Labor Commissioner office and won the case. But We are looking some permanent solution of this problem. It is time consuming and also an unnecessary expense we are doing without any fault of us..
it is very common factor in our industry and all the time writing letter/notice to them is little difficult. Now every employee is aware of his/her right but no responsibility. It is in our term and condition of tender that If PE ask us to remove the particular person what ever the reason is we have to remove him/her. We can not say no.
From India, New Delhi
16Recently a lady put a case in the labor department after 3 years that we fired her without notice and she want her job back. The actual situation is she went on leave and did not return back. Normally we wait for a week if employee do not turn back we deploy new manpower. At the time of appointment we tell them to give us one month notice or at least one week notice while leaving the job and same is also applicable on us. we take sign on paper also. But nothing work. Everybody threaten labor department. Till now We have sorted out this kind of situation diplomatically and some time at Labor Commissioner office and won the case. But We are looking some permanent solution of this problem. It is time consuming and also an unnecessary expense we are doing without any fault of us..
it is very common factor in our industry and all the time writing letter/notice to them is little difficult. Now every employee is aware of his/her right but no responsibility. It is in our term and condition of tender that If PE ask us to remove the particular person what ever the reason is we have to remove him/her. We can not say no.
From India, New Delhi
Dear Colleague,
This is a typical challenge faced by such industry where in high mobility happens and most of such workers comes under ID Act 1947 provisions. In many cases, the employer has to cry and run pillar to post to prove that such employees are at fault etc. One side the demand from PE and on the other side, the employees who are intermittent etc. These type of employees are always in demand and take up multiple jobs elsewhere. They take up other employment very easily and again they will come back to you and want to work. The challenge is understood. I will share how we handled this in the past which may be of use to you.
1. When such floating employees are recruited, in the employment contract we mentioned that any one who is absenting for more than one week without prior intimation / leave approval etc, it will be construed as "abandonment" of service. Such employees are not allowed to join unless very strong medical reasons.
2. In such case we send one notice intimating that invoking the clause in the employment contract, as the employee is continuously absent without any intimation and abandoned the services, the said worker is advised to report back for an enquiry before the designated officer on or before........a date. Then we document the case and send a termination on abandonment ground notice.
3. Same time we conclude F&F also for such workers and meticulously document these aspects in the HR Dept files.
4. These employees are not given any second choice. Practically if it is allowed, they work year after year, only intermittently but they become qualified for Gratuity and other such benefits which adds burden unnecessarily without any logic.
Even though it is difficult initially, but we should improve documentation and handle such cases for effective administration.
- Sound employment contract
- Meticulous notices and document " abandonment"
- Issue closing / contract conclusion order
- Do F&F
- Keep documentation clear
- No rehiring of such talents
These things not only helps legally but also sends a strong communication to all other such workers and they either amend their work beheviour or leave us and improve their regularity.
From India, Chennai
This is a typical challenge faced by such industry where in high mobility happens and most of such workers comes under ID Act 1947 provisions. In many cases, the employer has to cry and run pillar to post to prove that such employees are at fault etc. One side the demand from PE and on the other side, the employees who are intermittent etc. These type of employees are always in demand and take up multiple jobs elsewhere. They take up other employment very easily and again they will come back to you and want to work. The challenge is understood. I will share how we handled this in the past which may be of use to you.
1. When such floating employees are recruited, in the employment contract we mentioned that any one who is absenting for more than one week without prior intimation / leave approval etc, it will be construed as "abandonment" of service. Such employees are not allowed to join unless very strong medical reasons.
2. In such case we send one notice intimating that invoking the clause in the employment contract, as the employee is continuously absent without any intimation and abandoned the services, the said worker is advised to report back for an enquiry before the designated officer on or before........a date. Then we document the case and send a termination on abandonment ground notice.
3. Same time we conclude F&F also for such workers and meticulously document these aspects in the HR Dept files.
4. These employees are not given any second choice. Practically if it is allowed, they work year after year, only intermittently but they become qualified for Gratuity and other such benefits which adds burden unnecessarily without any logic.
Even though it is difficult initially, but we should improve documentation and handle such cases for effective administration.
- Sound employment contract
- Meticulous notices and document " abandonment"
- Issue closing / contract conclusion order
- Do F&F
- Keep documentation clear
- No rehiring of such talents
These things not only helps legally but also sends a strong communication to all other such workers and they either amend their work beheviour or leave us and improve their regularity.
From India, Chennai
Dr. P. Sivakumar
Thank you for your detail answer . Heartily obliged for your reply.. I understand it takes time to read and than write.
We are somehow following paperwork that's the reason we are able to handle these cases. Still I am in the process to amend employment contract and make it more strong. If any of our member can help me to provide such contract draft. I will be thankful.
From India, New Delhi
Thank you for your detail answer . Heartily obliged for your reply.. I understand it takes time to read and than write.
We are somehow following paperwork that's the reason we are able to handle these cases. Still I am in the process to amend employment contract and make it more strong. If any of our member can help me to provide such contract draft. I will be thankful.
From India, New Delhi
This situation can be very frustrating for the HR functionaries but is a sad reality as most the class IV employees are first generation organised sector employees. They are quite unused to regular working for long periods of time and give preference to their social commitments over organisational requirements. In the name of function in family, community, locality etc., they would suddenly disappear without information. It would require some time for them to get accustomed to your working.
Incases where there is only issue of unauthorised absence, instead of terminating them for such absence for ever, consider reemploying them on their return as a new employee. Take some sort of assurance not to repeat such act in future. Give them contract appointment for six months at a time. Since these employees are already experienced they can resume working from the moment they are employed. Keep some extra people on your rolls to overcome the immediate crisis.
From India, Mumbai
Incases where there is only issue of unauthorised absence, instead of terminating them for such absence for ever, consider reemploying them on their return as a new employee. Take some sort of assurance not to repeat such act in future. Give them contract appointment for six months at a time. Since these employees are already experienced they can resume working from the moment they are employed. Keep some extra people on your rolls to overcome the immediate crisis.
From India, Mumbai
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