Dear Cite HR members,
Greetings to All!! :-)
I work with the HR Team of a Software Development Organization stationed in Delhi.
This pertains to the cases of employees who abscond from the services of the organization and then are not in touch.
Initially we did not have a process to handle these situations and I am currently working on the same. We have drafted a series of letters as soon as an employeess is absent without information. These letters include 1. General letter enquiring about the reason of absence , followed by 2. Show-cause notice, 3. Warning letter and finally a 4. termination letter. SO far so good.
But there have been cases in the past (last several years) where the employees have absconded and no action has been taken by the company so far. They still turn up and ask for their relieving letters. We would prefer to make it difficult for them to get an experience letter even if they clear their dues.
Those cases now cant be sent the above-mentioned series of letters. In such cases, is it appropriate to send a letter saying that you have been terminated because you have not been with us for so and so time... so rather a letter saying that we assume that you have voluntarily abandoned your services etc etc...and please settle your dues... :?
Please advice.
Looking forward to your responses as it is very important and urgent for me.
Thanks in advance!! :)
Warm Regards,
Ag
From India, Delhi
2Greetings to All!! :-)
I work with the HR Team of a Software Development Organization stationed in Delhi.
This pertains to the cases of employees who abscond from the services of the organization and then are not in touch.
Initially we did not have a process to handle these situations and I am currently working on the same. We have drafted a series of letters as soon as an employeess is absent without information. These letters include 1. General letter enquiring about the reason of absence , followed by 2. Show-cause notice, 3. Warning letter and finally a 4. termination letter. SO far so good.
But there have been cases in the past (last several years) where the employees have absconded and no action has been taken by the company so far. They still turn up and ask for their relieving letters. We would prefer to make it difficult for them to get an experience letter even if they clear their dues.
Those cases now cant be sent the above-mentioned series of letters. In such cases, is it appropriate to send a letter saying that you have been terminated because you have not been with us for so and so time... so rather a letter saying that we assume that you have voluntarily abandoned your services etc etc...and please settle your dues... :?
Please advice.
Looking forward to your responses as it is very important and urgent for me.
Thanks in advance!! :)
Warm Regards,
Ag
From India, Delhi
Hi Ag,
You still can send those series of unauthorized absence letters. You cant terminate the absconding employees without giving them an opportunity to defend themselves. So go ahead with all those warning letters and in case you don't receive any response from their side do take action to terminate them.
Amit Goyal
From India, Delhi
You still can send those series of unauthorized absence letters. You cant terminate the absconding employees without giving them an opportunity to defend themselves. So go ahead with all those warning letters and in case you don't receive any response from their side do take action to terminate them.
Amit Goyal
From India, Delhi
Dear Friend,
I would suggest, Once the person has absconded himself from his servises, there is no point Issuing him a relieving letter, because it was his decision. another point, they may be ready to clear the dues because they already have a good offer in there hand, but do you think the purpose of the company is to collect the Notice period amount.
what do they think the company is for ?
From your side take a second opinion from the person who was his or her lead, because it sometimes happens that we HRs would strictly follow the procedures but the other accountable persons would give lineience, make sure if the reason for absconding himself is genuine or can be accepted, then can you continue with your action.
Hope you received the message intended.
Regards
Srilatha
From India, Hyderabad
I would suggest, Once the person has absconded himself from his servises, there is no point Issuing him a relieving letter, because it was his decision. another point, they may be ready to clear the dues because they already have a good offer in there hand, but do you think the purpose of the company is to collect the Notice period amount.
what do they think the company is for ?
From your side take a second opinion from the person who was his or her lead, because it sometimes happens that we HRs would strictly follow the procedures but the other accountable persons would give lineience, make sure if the reason for absconding himself is genuine or can be accepted, then can you continue with your action.
Hope you received the message intended.
Regards
Srilatha
From India, Hyderabad
Dear Amit,
Good Evening!!
Thanks for the quick response.
I appreciate the fact that we are not legally allowed to terminate an employee without giving him/her enough chance to defend oneself. But in case an employee has not shown up for the last 3 yrs, we now cant ask him to give the reason for his absence. These letters would also say that " you are given 15 days to report to duty...else you are liable to etc etc ...." . What if the employee actually agrees to rejoin??? :?
Our intention is to put an end to such cases so that they don't hound us in the future. Can you please suggest an easier option?? :)
Thanks again!!
Warm Regards,
Ag
From India, Delhi
Good Evening!!
Thanks for the quick response.
I appreciate the fact that we are not legally allowed to terminate an employee without giving him/her enough chance to defend oneself. But in case an employee has not shown up for the last 3 yrs, we now cant ask him to give the reason for his absence. These letters would also say that " you are given 15 days to report to duty...else you are liable to etc etc ...." . What if the employee actually agrees to rejoin??? :?
Our intention is to put an end to such cases so that they don't hound us in the future. Can you please suggest an easier option?? :)
Thanks again!!
Warm Regards,
Ag
From India, Delhi
Hi AG,
This is very criticle issues now a days in most of the companies. They wil abscond without informing to their previous employers. And once evrything gets cool they wil come wit the reason saying personal problems and they ask us to give the relieving letters and experience letters. Even if they really having personal problems is fine, but if they say personal problem they thought they can escape from this issue. So findout the reason whether the employee is having any problem. So do sending the warnings, once you get response from the employee you can go further . We should take some neccesary actions regarding this or else it wil increase tremendoulsy.
In this case employee verification should be done before taking them to the company.
Regards,
harini
From India, Bangalore
This is very criticle issues now a days in most of the companies. They wil abscond without informing to their previous employers. And once evrything gets cool they wil come wit the reason saying personal problems and they ask us to give the relieving letters and experience letters. Even if they really having personal problems is fine, but if they say personal problem they thought they can escape from this issue. So findout the reason whether the employee is having any problem. So do sending the warnings, once you get response from the employee you can go further . We should take some neccesary actions regarding this or else it wil increase tremendoulsy.
In this case employee verification should be done before taking them to the company.
Regards,
harini
From India, Bangalore
Dear Srilatha,
Thanks for your contribution!! :)
I truly agree when you say that the company is not there to issue a relieving letter just when the employee pays for the notice period. This is also not what we are looking at.
We want to have a composite letter format because of which we are able to say that we have issued the person a relieving letter and asked him also that the case has been closed...probably one smart and simple format.
As far as the consultation with their respective lead goes, sounds good. But then there would be only a few select cases who would be very good performers...so good that the company is wanting to rehire them after they have been declared "absconding" . I am looking at the rest of the (and majority cases) for which we would like not to grant the favour of issuing a relieving letter. :roll:
Can you help me for those cases please?...
Thanks
With Regards,
Ag
From India, Delhi
Thanks for your contribution!! :)
I truly agree when you say that the company is not there to issue a relieving letter just when the employee pays for the notice period. This is also not what we are looking at.
We want to have a composite letter format because of which we are able to say that we have issued the person a relieving letter and asked him also that the case has been closed...probably one smart and simple format.
As far as the consultation with their respective lead goes, sounds good. But then there would be only a few select cases who would be very good performers...so good that the company is wanting to rehire them after they have been declared "absconding" . I am looking at the rest of the (and majority cases) for which we would like not to grant the favour of issuing a relieving letter. :roll:
Can you help me for those cases please?...
Thanks
With Regards,
Ag
From India, Delhi
Hi,
I dont see any thing prospective in hiring back some one who absconded this will set a bad example for others. What is the justification you give for some one who is willing to do things in a proper manner.
You cant do any thing against these people legally all that you can do is you can make them walk or wait to get the relieving order. Rest all will spoil your reputation in the industry and you face the difficulty while hiring some one.
Pls do not encourage employment of people who absconded what ever the reasons are if they dont respond back in a short period.
Regards
Vijayakumar
From India, Coimbatore
I dont see any thing prospective in hiring back some one who absconded this will set a bad example for others. What is the justification you give for some one who is willing to do things in a proper manner.
You cant do any thing against these people legally all that you can do is you can make them walk or wait to get the relieving order. Rest all will spoil your reputation in the industry and you face the difficulty while hiring some one.
Pls do not encourage employment of people who absconded what ever the reasons are if they dont respond back in a short period.
Regards
Vijayakumar
From India, Coimbatore
Hi Friend
I will say that not to issuing the relieving letter them, we can issue in certain cases like saying having some legal issue or which he or she can show the proofs. To avoid the Absconding we can clearly mention in the Appointment letter. It can be stated “I you are taking the leave continuously 10 day, with out informing to the management. Then the Management will decide that you are Abscond, and if you are updated with the 30 day’s they automatically the management will terminate you and the management will not issue the relieving letter you.”
Regards
Lavanya
From India, Madras
I will say that not to issuing the relieving letter them, we can issue in certain cases like saying having some legal issue or which he or she can show the proofs. To avoid the Absconding we can clearly mention in the Appointment letter. It can be stated “I you are taking the leave continuously 10 day, with out informing to the management. Then the Management will decide that you are Abscond, and if you are updated with the 30 day’s they automatically the management will terminate you and the management will not issue the relieving letter you.”
Regards
Lavanya
From India, Madras
Hi Ag,
To escape such cases in future you just need to add a clause in the appointment letter saying :
"In case you absent yourself from duty continuously for __ days or more, you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you and not a termination of services by the Management. In such circumstances, the Management will have the discretion of adjusting salary against the notice period of such abandonment"
Hope this is what you were looking for.
Amit Goyal
From India, Delhi
To escape such cases in future you just need to add a clause in the appointment letter saying :
"In case you absent yourself from duty continuously for __ days or more, you shall be deemed to have left and relinquished the service on your own accord and such relinquishment of service shall be deemed as a repudiation of the contract of employment by you and not a termination of services by the Management. In such circumstances, the Management will have the discretion of adjusting salary against the notice period of such abandonment"
Hope this is what you were looking for.
Amit Goyal
From India, Delhi
Hi Ag..
For such Absconding cases, you may first issue them a warning letter to join their duties within 48 hours of receiving the letter.. and give an explanation regarding your unauthorised absence..
If they don't resume their duties even after that, do send another letter to them.. stating clearly that this is the last chance for you to resume..
And after that send them a termination letter...
Now you will be legally strong to show the reason behind the termination..
And one more point to remember, always send such letters through General Registry, so that you could have one proof in your hand of sending the same..
For further help find below one of format of the same..
Warning Letter in case of absence without information
____ July 2007
To
Mr.
Designation
Sub. – Warning Letter
Mr.
It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation..
Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.
You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.
You are further advised to Join your duties within 48 hours of receiving this letter and submit a written explanation on your unauthorized leave as soon as you resume duties.
Kindly treat this as very urgent.
For.. Company Name
Name:
Designation:
Regards,
Amit Seth.
From India, Ahmadabad
For such Absconding cases, you may first issue them a warning letter to join their duties within 48 hours of receiving the letter.. and give an explanation regarding your unauthorised absence..
If they don't resume their duties even after that, do send another letter to them.. stating clearly that this is the last chance for you to resume..
And after that send them a termination letter...
Now you will be legally strong to show the reason behind the termination..
And one more point to remember, always send such letters through General Registry, so that you could have one proof in your hand of sending the same..
For further help find below one of format of the same..
Warning Letter in case of absence without information
____ July 2007
To
Mr.
Designation
Sub. – Warning Letter
Mr.
It has been observed that you have proceeded on leave without prior permission of the concerned authorities, resulting in willful insubordination and gross negligence of duties, in your capacity as Designation..
Absenting yourself from duties without prior intimation is a misconduct for which you are making yourself liable for necessary action.
You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.
You are further advised to Join your duties within 48 hours of receiving this letter and submit a written explanation on your unauthorized leave as soon as you resume duties.
Kindly treat this as very urgent.
For.. Company Name
Name:
Designation:
Regards,
Amit Seth.
From India, Ahmadabad
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