Take it a good riddance and forget. Make proper entries in your record and strike-off his name from the rolls. Dont waste time and money on legal precedings. Cyril
From India, Nagpur
25From India, Nagpur
Graham:
As per the appointment letter if you have a notice period to be served then he has to and must serve, else you can take action accordingly
Let me give you a same case happened with me - there was an employee who stopped coming to office and send the resignation through email later a weeks time and i met with our legal advisor and took an action on him as i have tried interacting with him by email, phone, registered post etc but still he was not coming our way then as per the app. letter he is suppose to serve a notice period and fails to do so he has to pay the salary in lieu thereof
went and given a notice through my legal advisor and case has been resolved, these things would take place when there is no proper coordination from their superiors/Managers, when i had a meeting with them i knew that there is a big communication gap between them
so ensure that you are keeping an eye on your employees and make them comfiortable while working
Thanks,
- Mirza
From Saudi Arabia, Jiddah
As per the appointment letter if you have a notice period to be served then he has to and must serve, else you can take action accordingly
Let me give you a same case happened with me - there was an employee who stopped coming to office and send the resignation through email later a weeks time and i met with our legal advisor and took an action on him as i have tried interacting with him by email, phone, registered post etc but still he was not coming our way then as per the app. letter he is suppose to serve a notice period and fails to do so he has to pay the salary in lieu thereof
went and given a notice through my legal advisor and case has been resolved, these things would take place when there is no proper coordination from their superiors/Managers, when i had a meeting with them i knew that there is a big communication gap between them
so ensure that you are keeping an eye on your employees and make them comfiortable while working
Thanks,
- Mirza
From Saudi Arabia, Jiddah
I would agree with Runa. Only if he has some imp documents which can lead to a threat, you can take legal action. You cannot send him an Absconding memo as he has submitted his resignation. I hope you have deactivated his user id's. If you do not wish to take legal action, then you can calculate his dues and keep it ready. I am sure that the employee knows that his Final settlement would be negative. You could only hold his relieving letter till he's back, ask him to pay off the amount to payroll and issue him his relieving letter then. If he doesn't turn up, well life's still good mate...
From China
From China
Hi,
Check with the appointment letter/Offer letter, if notice period has been mentioned in it. Then he has to serve the notice period. If he absconded from his services without completing his notice period then issue him a absence letter and ask him to contact if he didnt turn up close his file as absconded case. Dont issue him relieving letter or settlement cheque. In future if you get any verification regarding his employment mention as absconded from his services.
Check with the appointment letter/Offer letter, if notice period has been mentioned in it. Then he has to serve the notice period. If he absconded from his services without completing his notice period then issue him a absence letter and ask him to contact if he didnt turn up close his file as absconded case. Dont issue him relieving letter or settlement cheque. In future if you get any verification regarding his employment mention as absconded from his services.
Dear All,
According to me, we have to make sure that by any means he come to office and complete his pending formalities to set the example for the existing staff because otherwise employee may take advantage of the same.
Regards,
Shweta Mehta.
From India, Ahmadabad
According to me, we have to make sure that by any means he come to office and complete his pending formalities to set the example for the existing staff because otherwise employee may take advantage of the same.
Regards,
Shweta Mehta.
From India, Ahmadabad
Hello Graham
In agreement with Ranjit, Runa and Kunal, I too would say that if the employee has resigned, a company cannot make him work against his will.
Having worked in the BPO industry which has the highest attrition, particularly job abandonments, I would like to share a few of my observations with respect to job abandonment cases.
- The resolution that had reaped us most +ve results till date is sending across a firm but non aggressive show cause notice asking the absconding employee to get in touch with the personnel dept (and not the prod. or Operations dept.!), followed by an HR personnel calling up and determining :
a) Reason for not reporting to work
b) Has information about his absence been conveyed to any one in office(which later needs to be validated).
c) (refer to his letter of appointment for this..) Remind him about the 'termination of employment' clause stated in the letter of appointment.
d) if employee isnt ready to serve notice (95%) :), persuade him to buyout his notice period(worked in 5% cases), offer to adjust his leave balance (if policy permits), ask him to handover all docs and office proerty/assets, and tempt him that he would be able to leave on a clean note, relieveing letter & all. "One should never burn down their bridges".
e) if he/she does not agree, do not suggest about the company taking legal actions. Most employees are adequately educated about the flip side the company faces in such cases, and also know that how adversely it affects the company's reputation. Your legal advisors and finace depts. to would agree :)
And like Runa mentioned earlier, its best to close these files without issuing any further letters.You may want to make a mention of "full and final settlement pending for employee initiation" on these files for your internal records.
Adoption of such measures dont exactly build 'patrons' but they do avoid mushrooming of 'talkers'
I am keen to know how you finally would get yourself out of this sticky situation. ;)
Warm regards
From India, Pune
In agreement with Ranjit, Runa and Kunal, I too would say that if the employee has resigned, a company cannot make him work against his will.
Having worked in the BPO industry which has the highest attrition, particularly job abandonments, I would like to share a few of my observations with respect to job abandonment cases.
- The resolution that had reaped us most +ve results till date is sending across a firm but non aggressive show cause notice asking the absconding employee to get in touch with the personnel dept (and not the prod. or Operations dept.!), followed by an HR personnel calling up and determining :
a) Reason for not reporting to work
b) Has information about his absence been conveyed to any one in office(which later needs to be validated).
c) (refer to his letter of appointment for this..) Remind him about the 'termination of employment' clause stated in the letter of appointment.
d) if employee isnt ready to serve notice (95%) :), persuade him to buyout his notice period(worked in 5% cases), offer to adjust his leave balance (if policy permits), ask him to handover all docs and office proerty/assets, and tempt him that he would be able to leave on a clean note, relieveing letter & all. "One should never burn down their bridges".
e) if he/she does not agree, do not suggest about the company taking legal actions. Most employees are adequately educated about the flip side the company faces in such cases, and also know that how adversely it affects the company's reputation. Your legal advisors and finace depts. to would agree :)
And like Runa mentioned earlier, its best to close these files without issuing any further letters.You may want to make a mention of "full and final settlement pending for employee initiation" on these files for your internal records.
Adoption of such measures dont exactly build 'patrons' but they do avoid mushrooming of 'talkers'
I am keen to know how you finally would get yourself out of this sticky situation. ;)
Warm regards
From India, Pune
Dear Graham,
After the resignation by an employee if he/she left the companywithout giving /completing notice period, only remedy left with the employer is to deduct notice period as per term and conditions of the appointment letter,if the employee having some valuable with him that also be recoverable from his final settlement,in case of important document in his/her possesstion then it can be persued with relavent criminal proceedings.
Manjeet Singh
Amritsar
From India
After the resignation by an employee if he/she left the companywithout giving /completing notice period, only remedy left with the employer is to deduct notice period as per term and conditions of the appointment letter,if the employee having some valuable with him that also be recoverable from his final settlement,in case of important document in his/her possesstion then it can be persued with relavent criminal proceedings.
Manjeet Singh
Amritsar
From India
Hi Friends,
I appreciate explanation given by Nayana Chander.
Let me tell Sweta, that making any employee to come back to office, who had absconding like this, is not practically easy. On the other hand if any pending formalities are there in favor of that person then he will automatically come back, we don`t have to worry about it.
There is simple way to trace him -- start communicating with his colleague's and friends in company without disclosing your intention to trace out him -- use your skill to make others talk -- have patience -- it`ll take a week or may be 1-2 month but you`ll definitely fine out him without hiring any detective agency.;-) By this way you can only trace out him but can`t take any legal action.
I think role of HR goes beyond the policy making and punishing people. The real HR should have to control the minds of Human Being working in the organisation.( Which is very Challenging task :huh:)
Well skilled HR can tackle situation by mere employee counseling. Taking legal action should be last step, only if there is no other way remains.
Generally HR becomes sandwich between Management :beatup: and Employee:wacko:. There should be proper balance between Managements View, Company`s policy and Employees Psychology to make both of them happy :wink:.
As Mirza mentioned before, ensure that you are keeping an eye on your employees and make them comfortable while working. Weak Communication is one of the cause root of every HR problem.
We all HR can take this as a lesson and make necessary modifications with the help of legal adviser into appointment letter. There are many good suggestion given by my friends here, we can follow them as per requirement of our organization.
From India, Chandigarh
I appreciate explanation given by Nayana Chander.
Let me tell Sweta, that making any employee to come back to office, who had absconding like this, is not practically easy. On the other hand if any pending formalities are there in favor of that person then he will automatically come back, we don`t have to worry about it.
There is simple way to trace him -- start communicating with his colleague's and friends in company without disclosing your intention to trace out him -- use your skill to make others talk -- have patience -- it`ll take a week or may be 1-2 month but you`ll definitely fine out him without hiring any detective agency.;-) By this way you can only trace out him but can`t take any legal action.
I think role of HR goes beyond the policy making and punishing people. The real HR should have to control the minds of Human Being working in the organisation.( Which is very Challenging task :huh:)
Well skilled HR can tackle situation by mere employee counseling. Taking legal action should be last step, only if there is no other way remains.
Generally HR becomes sandwich between Management :beatup: and Employee:wacko:. There should be proper balance between Managements View, Company`s policy and Employees Psychology to make both of them happy :wink:.
As Mirza mentioned before, ensure that you are keeping an eye on your employees and make them comfortable while working. Weak Communication is one of the cause root of every HR problem.
We all HR can take this as a lesson and make necessary modifications with the help of legal adviser into appointment letter. There are many good suggestion given by my friends here, we can follow them as per requirement of our organization.
From India, Chandigarh
Very aptly worded, Runa. You have echoed my thoughts.
It is indeed quite a task when it comes to choosing a least harmful path in such situations. What with the Ops dept breathing down your neck for a replacement, payroll asking for salary inputs, the management asking for reasons for open files, and an employee who in most of the cases has left uninformed due to some bitter incident that could be avoided recurring only if HR is made aware of it and appropriate action /resolution be taken.... you go any which ways, there are losses...:beatup:
Many a times, absconding employees take away with them precious feedback, both as an individual and as an organization and deprive the personnel dept another chance to improvize...
Cheers
From India, Pune
It is indeed quite a task when it comes to choosing a least harmful path in such situations. What with the Ops dept breathing down your neck for a replacement, payroll asking for salary inputs, the management asking for reasons for open files, and an employee who in most of the cases has left uninformed due to some bitter incident that could be avoided recurring only if HR is made aware of it and appropriate action /resolution be taken.... you go any which ways, there are losses...:beatup:
Many a times, absconding employees take away with them precious feedback, both as an individual and as an organization and deprive the personnel dept another chance to improvize...
Cheers
From India, Pune
Hi All,
Wonderfully explained.Please try and contact the person if you can have a word with him\her please ask employee to come and clear his/her dues and if employee is not reachable wait for couple more days and then clear his\her dues of your own and Please send him/her the recovery at his/her permanent address.
From India, New Delhi
Wonderfully explained.Please try and contact the person if you can have a word with him\her please ask employee to come and clear his/her dues and if employee is not reachable wait for couple more days and then clear his\her dues of your own and Please send him/her the recovery at his/her permanent address.
From India, New Delhi
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